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OSHA requirements

Bathroom Requirements Under OSHA

OSHA sets the number of toilets by headcount. General industry uses Table J-1 of 29 CFR 1910.141: 1 for 1 to 15 employees, 2 for 16 to 35, 3 for 36 to 55, and so on. Construction uses Table D-1 of 29 CFR 1926.51: 1 for 20 workers or less, then one seat and one urinal per 40 workers.

Verified vs OSHA sources · Oct 21, 2026

29 CFR 1910.141(c)(1), Table J-1, 29 CFR 1926.51(c)(1), Table D-1

General industry and construction, side by side

The same question has two answers because OSHA writes two sets of rules. A shop, plant, warehouse or office follows 29 CFR part 1910. A construction jobsite follows 29 CFR part 1926.

TopicGeneral industry (29 CFR 1910)Construction (29 CFR 1926)
How many toiletsToilet facilities are provided in accordance with Table J-1: 1 water closet for 1 to 15 employees, 2 for 16 to 35, 3 for 36 to 55, 4 for 56 to 80, 5 for 81 to 110, 6 for 111 to 150, then 1 more for each additional 40 employees. The number is based on the employees of each sex who use the facilities.29 CFR 1910.141(c)(1), Table J-1Toilets are provided according to Table D-1: 1 for 20 workers or less, 1 toilet seat and 1 urinal per 40 workers for 20 or more, and 1 toilet seat and 1 urinal per 50 workers for 200 or more.29 CFR 1926.51(c)(1), Table D-1
Separate rooms and one-person roomsToilet rooms are separate for each sex, except that separate rooms need not be provided where a room is occupied by no more than one person at a time, can be locked from the inside and has at least one water closet. In such a room only one toilet facility is counted for Table J-1.29 CFR 1910.141(c)(1)Paragraph (c) of 1926.51 does not address separate rooms for each sex. Under temporary field conditions, provisions shall be made to assure not less than one toilet facility is available.29 CFR 1926.51(c)(2)
Crews that moveThe toilet table does not apply to mobile crews or normally unattended work locations as long as employees have transportation immediately available to nearby toilet facilities that meet the other requirements.29 CFR 1910.141(c)(1)The sanitation requirements of paragraph (c) do not apply to mobile crews having transportation readily available to nearby toilet facilities.29 CFR 1926.51(c)(4)
No sanitary sewerThe sewage disposal method shall not endanger the health of employees.29 CFR 1910.141(c)(1)Job sites without a sanitary sewer shall be provided with privies where they will not contaminate ground or surface water, chemical toilets, recirculating toilets or combustion toilets, unless local codes prohibit them.29 CFR 1926.51(c)(3)
Drinking waterPotable water shall be provided in all places of employment for drinking, washing of the person, cooking and the other uses the paragraph lists.29 CFR 1910.141(b)(1)(i)An adequate supply of potable water shall be provided in all places of employment. Portable containers used to dispense drinking water shall be tightly closed and equipped with a tap, and water shall not be dipped from containers.29 CFR 1926.51(a)(1), 29 CFR 1926.51(a)(2)
Washing handsLavatories shall be made available in all places of employment, each with hot and cold running water or tepid running water, with hand soap and individual towels or air blowers convenient to them.29 CFR 1910.141(d)(2)Lavatories shall be made available in all places of employment, each with hot and cold running water or tepid running water, hand soap and individual hand towels or air blowers. The paragraph excepts mobile crews that have transportation to nearby washing facilities.29 CFR 1926.51(f)(3)

What is OSHA's rule and what is not

LevelWhat it says
OSHA interpretationIn its memorandum of April 6, 1998 on 1910.141(c)(1)(i), OSHA said the standard requires employers to allow employees prompt access to sanitary facilities, and that an employer may not impose unreasonable restrictions on their use. The memorandum speaks to the general industry paragraph.OSHA interpretation 1998-04-06, 29 CFR 1910.141(c)(1)
Consensus standardPlumbing codes and local health rules set fixture counts and cleaning rules for permanent buildings. They are not OSHA requirements, and they apply in addition to the tables.
Recommended practiceA servicing schedule for portable toilets, and one more unit than the table gives for a crew near a threshold, are the employer's own choices. They are recommended, not required, by the tables.29 CFR 1926.51(c)(1), Table D-1

Does your state do it differently?

Some states run their own State Plan and write their own text, so the federal paragraphs above describe federal OSHA states. Look up your state on the State Plans page and read its rule before you rely on the federal wording.

What OSHA cited most under these standards in FY2025

ParagraphWhat it coversFY2025 citations
1910.141(a)(3)(i)Workplace kept clean157
1910.141(a)(5)89
1910.141(b)(1)(i)Potable water in all places of employment27
1910.141(c)(1)(i)Toilet facilities per Table J-126
1910.141(d)(2)(ii)25
1910.141(a)(3)(ii)18
1926.51(f)(3)(iv)Individual hand towels or air blowers22
1926.51(f)(1)Washing facilities for exposure to contaminants20
1926.51(f)(3)(iii)15
1926.51(f)(3)(i)10
1926.51(c)(1)Toilets per Table D-110
1926.51(f)(3)(ii)7

1910.141: 423 citations in FY2025 at 359 inspections, 8 of them at construction sites (NAICS 23). 1926.51: 92 citations in FY2025 at 66 inspections, 84 of them at construction sites (NAICS 23). Citation items issued Oct 1, 2024 to Sep 30, 2025, counted by HazComFast on U.S. Department of Labor enforcement data (extracted Oct 13, 2026). Inspected establishments, not the whole industry.

Mistakes that turn up in inspections

  • Counting every employee on the payroll instead of the people who use the facility. Table J-1 is based on the number of employees of each sex for whom the facilities are furnished, and Table D-1 on workers at the site.29 CFR 1910.141(c)(1) and 29 CFR 1926.51(c)(1)
  • Applying the jobsite table to an office or a shop. A plant, warehouse or office follows Table J-1 of 1910.141, and the jobsite table in 1926.51 is for construction.29 CFR 1910.141(c)(1) and 29 CFR 1926.51(c)(1)
  • Putting a lock on the only toilet on a remote jobsite and calling it fine. Crews with transportation immediately available to nearby facilities are excepted, and the exception depends on the transportation being there.29 CFR 1926.51(c)(4)
  • Forgetting the washing facilities that go with the toilets. Lavatories with running water, soap and towels are a separate paragraph in each part.29 CFR 1910.141(d)(2) and 29 CFR 1926.51(f)(3)

Inside HazComFast

One plan per jobsite, with its own address

Each jobsite gets its own emergency plan in HazComFast, with its own exits, assembly point and address on the PDF, and a draft is waiting the day you sign up. Write the company plan once and each site keeps its local details when the company plan changes.

Questions about bathroom requirements

How many portable toilets does a construction site need?

Table D-1 gives 1 toilet for 20 workers or less, one toilet seat and one urinal per 40 workers for 20 or more, and one toilet seat and one urinal per 50 workers for 200 or more. The printed lines overlap at 20 and at 200, so call your OSHA area office for a crew that sits exactly on a boundary. Under temporary field conditions at least one toilet facility has to be available.

29 CFR 1926.51(c)(1), Table D-1 and 29 CFR 1926.51(c)(2)

Can an employer limit bathroom breaks?

OSHA's interpretation of the general industry paragraph is that employers must allow prompt access to toilet facilities and may not impose unreasonable restrictions on their use. Reasonableness is judged case by case.

OSHA interpretation 1998-04-06, 29 CFR 1910.141(c)(1)

Does a one-person bathroom count as one toilet?

In general industry, a room that is occupied by one person at a time, locks from the inside and has at least one water closet does not have to be split by sex, and only one toilet facility in such a room is counted for Table J-1.

29 CFR 1910.141(c)(1)

The standards behind this answer

Keep reading

Sources and verification

Paragraphs verified against the eCFR on Oct 21, 2026 (title 29 current to Oct 19, 2026). Citation counts: U.S. Department of Labor enforcement data, FY2025, inspected establishments only. Not legal advice. See all OSHA requirement answers or the full list of standards.