Sanitation requirements overview

Yes. OSHA's sanitation requirements apply to railroad track employees and roadway maintenance groups working along the tracks when the Federal Railroad Administration (FRA) has not issued sanitation regulations covering those working conditions. See the OSHA sanitation standards applicability letter of interpretation (May 14, 2024) and 1926.27 Sanitation for background.

• The letter explains that FRA did not promulgate sanitation rules for roadway workers on a railroad right-of-way, so FRA does not preempt OSHA's authority under section 4(b)(1) of the OSH Act.
• Employers must therefore provide sanitation facilities in accordance with OSHA sanitation requirements (see the cited interpretation for details).

Follow OSHA sanitation rules: provide sanitation facilities in accordance with either 29 CFR 1910.141 or 29 CFR 1926.51 depending on the nature of the work. See the OSHA sanitation standards applicability letter of interpretation (May 14, 2024) and 1926.27 Sanitation.

• The LOI states employers must provide sanitation facilities under 29 CFR 1910.141 or 29 CFR 1926.51 "depending on the nature of the work."
• If the crew is engaged in construction activities, [1926.51] is typically applicable; for other types of work, [1910.141] may apply — the LOI notes employers should determine which standard fits the work performed.

No. FRA does not preempt OSHA enforcement of sanitation requirements for workers on railroad property when FRA has not issued sanitation regulations covering those working conditions. See the OSHA sanitation standards applicability letter of interpretation (May 14, 2024) and 1926.27 Sanitation.

• The LOI explains that section 4(b)(1) of the OSH Act allows other federal agencies to preempt OSHA only when they have statutory authority and have actually promulgated standards affecting the working conditions at issue; FRA had not done so for sanitation of roadway workers.
• Because FRA did not promulgate sanitation regulations for these workers, OSHA sanitation requirements apply.

Drinking-water requirements for construction are contained in Subpart D of 29 CFR part 1926. See 1926.27 Sanitation, which notes that "Health and sanitation requirements for drinking water are contained in Subpart D of this part."

• Use Subpart D of part 1926 to find the specific drinking-water requirements that apply to construction operations.

Yes. Employers must provide sanitation facilities, including toilets, handwashing and potable water as appropriate, in accordance with OSHA sanitation requirements when FRA has not provided applicable sanitation regulations. See the OSHA sanitation standards applicability letter of interpretation (May 14, 2024) and 1926.27 Sanitation.

• The LOI directs employers to provide sanitation facilities under 29 CFR 1910.141 or 29 CFR 1926.51 depending on the nature of the work.
• Where Subpart D of part 1926 applies, it contains specific drinking-water requirements for construction jobs (see 1926.27).

Use 29 CFR 1910.141 or 29 CFR 1926.51 depending on the nature of the work and the industry classification; OSHA's May 14, 2024 interpretation advises employers to apply the appropriate sanitation rule based on the work performed. See the OSHA sanitation standards applicability letter of interpretation (May 14, 2024) and 1926.27 Sanitation.

• The LOI explains that employers must provide sanitation facilities under one of those OSHA standards "depending on the nature of the work."
• If the activity is clearly construction-related, 29 CFR 1926.51 is typically applicable; if the activity falls under general industry conditions, 29 CFR 1910.141 may apply. Employers should document which standard they applied and why.

Each employer is responsible for ensuring their employees have required sanitation facilities under OSHA standards; when multiple employers share a worksite, each employer must ensure compliance for its workers. See 1926.27 Sanitation and the OSHA sanitation standards applicability letter of interpretation (May 14, 2024).

• The LOI makes clear OSHA sanitation requirements apply when FRA does not regulate sanitation, so OSHA duties fall to employers on site.
• Generally, on multi-employer worksites, employers must either provide facilities for their own workers or coordinate with other contractors/hosts to ensure accessible, compliant sanitation (document agreements as appropriate).

Yes. OSHA requires potable drinking water for construction sites, and 1926.27 Sanitation points out that drinking-water requirements are contained in Subpart D of part 1926. See 1926.27 Sanitation for the referral to Subpart D.

• Employers should consult the specific provisions in Subpart D of 29 CFR part 1926 for details (the section cited by 1926.27 identifies Subpart D as the location of drinking-water rules).
• When working along railroad rights-of-way, employers must still provide potable water under OSHA sanitation requirements if FRA has not issued its own sanitation rules (see the May 14, 2024 LOI: https://www.osha.gov/laws-regs/standardinterpretations/2024-05-14).

OSHA requires the employer to provide accessible sanitation facilities for workers even when permanent facilities are not available; the employer must comply with OSHA sanitation requirements (for example, by providing portable toilets, handwashing and potable water) as appropriate. See 1926.27 Sanitation and the OSHA sanitation standards applicability letter of interpretation (May 14, 2024).

• The LOI states employers must provide sanitation facilities under 29 CFR 1910.141 or 29 CFR 1926.51 depending on the work; where workers are remote, portable solutions are commonly used to meet those requirements.
• Employers should select facilities that meet applicable OSHA sanitation standards and ensure they remain available for the duration of the work.

The official OSHA construction sanitation requirements are referenced under 29 CFR part 1926; see 1926.27 Sanitation and the broader 29 CFR 1926 regulations for related subparts such as Subpart D and 1926.51.

• 1926.27 gives the sanitation title and points to where drinking-water requirements are located (Subpart D).
• For application questions (for example, whether OSHA sanitation rules cover railroad track workers), see the OSHA sanitation standards applicability letter of interpretation (May 14, 2024).