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OSHA 1926.51

Sanitation requirements

Subpart D

25 Questions & Answers
10 Interpretations

Questions & Answers

Under 1926.51(a)(1), what potable water must an employer provide on a construction site?

Employers must provide an adequate supply of potable drinking water at all places of employment. See the requirement in 1926.51(a)(1).

  • "Adequate supply" means enough water so workers can drink when needed during the workday.
  • For what qualifies as potable water, see 1926.51(a)(6), which says potable water must meet State/local drinking-water standards or the EPA's National Primary Drinking Water Regulations.

Under 1926.51(a)(2), what are the rules for portable drinking water containers on construction sites?

Portable containers used to dispense drinking water must be capable of being tightly closed and equipped with a tap; water must not be dipped from containers. This is required by 1926.51(a)(2).

  • Use covered, tap-equipped containers (for example, insulated water coolers with spigots).
  • Do not allow people to scoop or dip water from open containers (that practice spreads contamination).

Under 1926.51(a)(3), how must employers mark and use containers that distribute drinking water?

Any container used to distribute drinking water must be clearly marked as to its contents and must not be used for any other purpose, per 1926.51(a)(3).

  • Labels help prevent accidental reuse (for example, using a water jug for mixing chemicals).
  • If a container is marked "drinking water," it must stay dedicated to that use.

Under 1926.51(a)(4)–(5), can employers provide common drinking cups at jobsites, and what must they provide if using single-service cups?

The common drinking cup is prohibited; if single-service cups are supplied, the employer must provide both a sanitary container for unused cups and a receptacle for disposing of used cups, as required by 1926.51(a)(4) and 1926.51(a)(5).

  • Do not provide a single communal cup for multiple workers.
  • If you use disposable cups, keep unopened cups in a covered dispenser and provide a trash receptacle for used cups nearby.

Under 1926.51(a)(6), what does "potable water" mean for compliance?

"Potable water" means water that meets the drinking-water standards of the State or local authority having jurisdiction, or water that meets the U.S. EPA's National Primary Drinking Water Regulations (40 CFR part 141), as defined in 1926.51(a)(6).

  • If local authorities require testing or treatment, follow those rules.
  • Employers can rely on municipal supplies that already meet these standards or provide treated water that meets EPA requirements.

Under 1926.51(b)(1), how must outlets for nonpotable water be identified?

Outlets for nonpotable water must be identified by signs that meet the requirements of Subpart G so it is clear the water is unsafe for drinking, washing, or cooking, as required by 1926.51(b)(1).

  • Use durable signs that say the water is nonpotable or unsafe for drinking and place them where workers will see them.
  • Subpart G addresses required colors, wording, and sign visibility—use compliant signage to avoid confusion.

Under 1926.51(b)(2), can a construction employer connect nonpotable and potable water systems?

No; there shall be no cross-connection, open or potential, between a potable water system and a nonpotable water system, per 1926.51(b)(2).

  • Prevent backflow or any physical connection that could allow nonpotable water to contaminate the drinking-water supply.
  • Use approved backflow preventers and separate piping to ensure separation.

Under 1926.51(c)(1), how many toilets are required on construction jobsites?

Toilet requirements follow Table D-1 in 1926.51(c)(1): 1 toilet for 20 or fewer employees; for 20 or more, provide 1 toilet seat and 1 urinal per 40 workers; for 200 or more, provide 1 toilet seat and 1 urinal per 50 workers.

  • Plan facilities based on the maximum number of workers expected on a shift.
  • If mixed-sex workplace, ensure adequate facilities for each sex or provide unisex single-occupancy toilets as appropriate and allowed by local codes.

Under 1926.51(c)(2), what are employers required to provide for toilets under temporary field conditions?

Under temporary field conditions, employers must assure at least one toilet facility is available, as stated in 1926.51(c)(2).

  • If work is short-term or remote, ensure at least one sanitary toilet is on site or that workers have access to one nearby.
  • This requirement helps prevent forced use of unsanitary alternatives during short-term operations.

Under 1926.51(c)(3), when a job site is not served by a sanitary sewer, what toilet options are acceptable?

When a job site lacks a sanitary sewer, acceptable toilet facilities include privies (if they won't contaminate water), chemical toilets, recirculating toilets, or combustion toilets, per 1926.51(c)(3) and its subparts (i)–(iv).

  • Choose a facility allowed by local codes (some jurisdictions may prohibit certain types).
  • Maintain and service these units regularly to keep them sanitary.

Under 1926.51(c)(4), are mobile crews required to have on-site toilet facilities?

The sanitation facility requirements in paragraph (c) do not apply to mobile crews that have transportation readily available to nearby toilet facilities, under 1926.51(c)(4).

  • "Transportation readily available" means workers can reasonably get to a nearby facility when needed.
  • Employers should still ensure access is timely and practical; if transportation delays toilet access, on-site facilities may be required.

Under 1926.51(d), what must employers do about employee food service and handling on construction sites?

All employee food service facilities and operations must meet applicable local laws, ordinances, and regulations and be carried out according to sound hygienic principles, per 1926.51(d)(1) and 1926.51(d)(2).

  • Food must be wholesome, free from spoilage, and protected from contamination during processing, preparation, handling, and storage.
  • Follow local health department rules for catering, food trucks, and on-site kitchens.

Under 1926.51(e), what are the minimum requirements for temporary sleeping quarters if provided?

Temporary sleeping quarters, when provided, must be heated, ventilated, and lighted, as required by 1926.51(e).

  • Ensure adequate heating, fresh-air ventilation, and lighting for occupant safety and comfort.
  • Follow any applicable local or state housing codes in addition to this OSHA requirement.

Under 1926.51(f)(1), when must employers provide washing facilities and where should they be located?

Employers must provide adequate washing facilities for employees engaged in applying paints, coatings, herbicides, insecticides, or other operations where contaminants may be harmful, and these facilities must be in near proximity to the worksite, according to 1926.51(f)(1).

  • Place washing stations close enough that workers can use them promptly after exposure.
  • Facilities must allow removal of harmful substances (for example, showers or sinks with appropriate cleansing agents when needed).

Under 1926.51(f)(2) and (f)(3), what are the employer requirements for lavatories and their supplies?

Lavatories must be provided in all places of employment (with limited exceptions for mobile crews or normally unattended locations) and must be maintained in a sanitary condition; each lavatory must have hot and cold or tepid running water, hand soap, and individual or clean continuous towels or air blowers, per 1926.51(f)(2) and 1926.51(f)(3).

  • Provide soap or equivalent cleansing agents as required by 1926.51(f)(3)(iii).
  • Supply clean towels, sections of cloth toweling, or air blowers as required by 1926.51(f)(3)(iv).

Under 1926.51(f)(4), when are showers required and what are the minimum shower provisions?

Whenever showers are required by a particular standard, employers must provide them in accordance with 1926.51(f)(4). The minimum provisions include one shower for each 10 employees of each sex (or fraction thereof) who must shower during the same shift, body soap or other cleansing agents, and hot and cold water feeding a common discharge line (1926.51(f)(4)(ii)–(iv)).

  • Provide individual clean towels to employees who use showers as required by 1926.51(f)(4)(v).
  • A separate OSHA standard or specific workplace hazard will determine when showers are "required by a particular standard." When in doubt, consult the triggering standard.

Under 1926.51(g), where can employees eat and drink on a construction site?

Employees are not allowed to consume food or beverages in a toilet room or any area exposed to a toxic material, per 1926.51(g).

  • Designate clean eating/drinking areas away from contaminant sources.
  • If workers handle toxic materials, provide clean break areas where contamination cannot reach food or drink.

Under 1926.51(h), what must employers do to control vermin in enclosed workplaces?

Employers must construct, equip, and maintain enclosed workplaces so far as reasonably practicable to prevent entrance or harborage of rodents, insects, and other vermin, and institute a continuing and effective extermination program where their presence is detected, as required by 1926.51(h).

  • Seal openings, store food properly, and maintain cleanliness to deter pests.
  • If pests are present, use licensed pest control services and maintain records of control measures when appropriate.

Under 1926.51(i), when are change rooms and separate storage for protective clothing required?

When a particular OSHA standard requires employees to wear protective clothing because of possible contamination with toxic materials, employers must provide change rooms with storage for street clothes and separate storage for protective clothing, as stated in 1926.51(i).

  • This prevents cross-contamination of personal clothing.
  • Ensure protective clothing storage is labeled and kept separate from employees' street clothes.

Do OSHA's sanitation requirements in 1926.51 apply to railroad track employees working along the tracks?

Yes, OSHA's sanitation requirements can apply to railroad track employees and roadway maintenance groups working along tracks if the Federal Railroad Administration (FRA) has not promulgated sanitation regulations for those workers; OSHA explained that FRA does not preempt OSHA on sanitation in this situation in its May 14, 2024 letter of interpretation (OSHA sanitation standards applicability).

  • Where FRA has not issued sanitation regulations, employers must follow either 29 CFR 1910.141 or 1926.51 depending on the nature of the work, per that interpretation.
  • Employers operating near railroad right-of-way should confirm whether FRA has specific sanitation rules applicable to their task; if not, OSHA requirements apply.

If a mobile crew has transportation to a nearby facility, which sanitation requirements of 1926.51 do not apply?

If a mobile crew has transportation readily available to nearby toilet and washing facilities, the sanitation facility requirements in paragraph (c) for toilets and the lavatory provision in 1926.51(f)(3)(i) do not apply, under 1926.51(c)(4).

  • "Readily available" transportation must allow prompt access to nearby facilities; employers should ensure travel time is reasonable.
  • If transportation is not dependable or causes unreasonable delay, provide on-site facilities instead.

Are chemical toilets acceptable on construction sites that lack sanitary sewers under 1926.51(c)(3)?

Yes; 1926.51(c)(3)(ii) specifically allows chemical toilets as an acceptable option for job sites not served by a sanitary sewer, provided local codes do not prohibit them.

  • Maintain and service chemical toilets regularly to ensure sanitation.
  • Check local health department rules—some jurisdictions may require alternative options.

Under 1926.51(f)(2), what obligation does the employer have to maintain washing facilities?

Employers must maintain washing facilities in a sanitary condition, as required by 1926.51(f)(2).

  • Regular cleaning, replenishing soap and towels, and prompt repairs are part of maintaining sanitary conditions.
  • Sanitary upkeep helps prevent skin infections and cross-contamination after handling hazardous substances.

Under 1926.51(f)(4)(ii)–(v), how many showers must an employer provide when the standard requires showers and what amenities must they include?

When showers are required by a particular standard, the employer must provide one shower for each 10 employees of each sex (or fraction thereof) who are required to shower during the same shift; showers must have body soap or suitable cleansing agents, hot and cold water feeding a common discharge line, and employees who use showers must be provided individual clean towels, according to 1926.51(f)(4)(ii)–(v).

  • Plan shower counts by the number of employees expected to shower on the same shift.
  • Provide hot/cold plumbing and means to dry off (clean towels) to meet the standard.

If workers are exposed to toxic materials, where does 1926.51(g) say they cannot eat or drink?

Under 1926.51(g), employees are expressly prohibited from consuming food or beverages in toilet rooms or in any area exposed to a toxic material.

  • Provide designated clean break areas away from contamination sources.
  • Enforce rules preventing eating/drinking in contaminated zones to reduce ingestion risk.