OSHA's construction sanitation rule, 29 CFR 1926.51, calls for one toilet for 20 or fewer workers. For larger crews it calls for one toilet seat and one urinal per 40 workers, and per 50 once a site reaches 200 or more. Toilets in an unsanitary condition do not count toward the minimum.
Key takeaways
- OSHA 29 CFR 1926.51: 20 or fewer workers need 1 toilet; 20 or more need 1 toilet seat and 1 urinal per 40 workers; 200 or more, per 50.
- Toilets in an unsanitary condition do not count toward the minimum, so servicing is part of compliance, not an extra.
- Hand-washing facilities must be near the toilets.
- New York State Industrial Code Rule 23-1.9 adds a distance test: toilet facilities no more than four stories or 60 feet above or below a worker, nor more than 500 feet of travel on the same level, and in no case more than 1,000 feet.
- The state rule also calls for separate marked facilities where any female is employed on the site.
- This page does not state New York City Department of Buildings rules, because the material we reviewed on them was too thin to quote. Confirm those with the site safety manager and the general contractor.
What is the federal number for a construction site?
OSHA sets the federal minimum in 29 CFR 1926.51. A site with 20 or fewer workers needs one toilet. With 20 or more workers it needs one toilet seat and one urinal per 40 workers, and with 200 or more workers it needs them per 50. The count depends on how many people are on site.
The standard is short, and it is worth reading the source text rather than a summary. The wording we found describes a sliding scale: a single toilet for the smallest crews, then one toilet seat and one urinal for every 40 workers, then a looser one for every 50 once a site reaches 200 or more.
The word workers is the key. It counts the people who may be on site at the same time, which on a busy New York job is often a larger number than the crew of the general contractor alone. Trades come and go, and a count that fits Monday may be wrong by Thursday.
The rule sets a minimum and not a target. A site with a long workday, a hot summer afternoon or a crew that is far from the nearest toilet may need more, and the safety manager may have a view. This page does not tell you that any particular number of units satisfies a code. Ask your site safety manager and the general contractor.
What does the number look like for real crew sizes?
Applying the per-40 rule, a crew of 40 works out to one seat and one urinal, a crew of 80 to two of each, and a crew of 120 to three of each. A crew of 20 or fewer needs one toilet. Smaller jobs sit under the 20-worker line; very large ones move to a per-50 count.
The table below turns the sliding scale into a few examples. It is a reading of the rule as we found it, not a legal opinion, and it is no substitute for the standard. Round with care: if a count lands between two figures, a safety manager will usually decide which way to go.
Notice that the table speaks of toilet seats and urinals. A portable toilet unit is one way to provide a seat, and some jobs combine units with other arrangements. Your provider can talk through what is available, and our construction site toilet rentals page covers the usual set-up.
| Workers on site | What the standard asks for | Worked example |
|---|---|---|
| 20 or fewer | 1 toilet | A crew of 12 needs 1 toilet |
| 20 or more | 1 toilet seat and 1 urinal per 40 workers | A crew of 40 works out to 1 seat and 1 urinal |
| 20 or more | Same scale, applied as the crew grows | A crew of 80 works out to 2 seats and 2 urinals |
| 20 or more | Same scale, applied as the crew grows | A crew of 120 works out to 3 seats and 3 urinals |
| 200 or more | 1 toilet seat and 1 urinal per 50 workers | The per-50 count takes over for very large sites |
What does New York State add on top of OSHA?
New York State Industrial Code Rule 23-1.9 adds a distance test. Toilet facilities must be no more than four stories or 60 feet above or below a worker, nor more than 500 feet of travel on the same level, and in no case more than 1,000 feet. It also calls for separate marked facilities where any female is employed.
The state rule answers a question that the federal count does not: how far is too far. On a flat site, 500 feet of travel is the distance to measure, and on a long block that means a single cluster of units at the front may not be enough.
Distance is why large New York jobs spread their units around the site. A long lot or a job that stretches across several parcels may need more than one location, even if the headcount alone would suggest fewer units.
The rule also covers height. For a tall building, four stories or 60 feet above or below a worker is a short vertical limit, and it shapes how units are placed once the structure rises. Our high-rise construction toilets page covers that case in detail.
We found the state rule through a published copy of the regulation. As with any summary, check the current text of 12 NYCRR 23-1.9 or ask your safety manager before you rely on it.
What counts as a usable toilet?
A toilet only counts toward the minimum if it is in a sanitary condition. OSHA treats toilets in an unsanitary condition as not counting, and hand-washing facilities must be near the toilets. A unit that is full, out of supplies or damaged does not help you meet the number.
This is the point that surprises people. You can order enough units on paper and still fall short on a Friday if the units have not been serviced since Monday. The count is of toilets that are usable, not of toilets that are on site.
That is why servicing frequency belongs in the same conversation as the number of units. A provider decides how often to service based on how many people use a unit and for how long. Our servicing and restocking page explains what a visit usually covers.
Hand-washing is the second half of the sentence. The wording we found says hand-washing facilities must be near toilets, so a plan that has units at one end of the site and a sink at the other has a gap. A hand-wash station next to the units is the simple fix.
Never try to empty, clean or relocate a unit yourself. That is work for the provider, and it is the reason to call them the moment a unit is full, damaged or out of supplies.
How should you place units on a New York job?
Place units where workers can reach them within the distance limits, where a service truck can also reach them, and away from the swing of cranes and the path of deliveries. On tight city lots, a unit at the edge of the sidewalk shed or in a staging area is common; confirm the location with the site safety manager.
The two requirements pull in opposite directions. Workers want a unit close to where they work, and a truck wants a clear approach, and on a city lot with a crane, a hoist and a material staging area, there may be few spots that satisfy both.
Walk the site with the safety manager before the delivery. Mark the spot, check that the ground is level and that the approach is clear, and decide who will be on site to point the driver at it. Our delivery and pickup page covers what a provider needs.
If the site is a tower or a deep excavation, units may need to move as the work moves. Ask the provider about repositioning, and do not move a unit yourself. A unit that has to stay put as the job changes is usually a sign the plan needs another location.
What about long jobs and changing crew sizes?
Revisit the count whenever the crew changes. A job that starts with 15 workers and grows to 90 will cross the thresholds in the OSHA scale, and the number of units, the servicing schedule and the placement should change with it. Tell your provider each time the headcount moves.
A foundation crew and a fit-out crew are not the same size, and the toilet plan that was right in March may be wrong by June. The simplest habit is to review the count at each phase and again whenever a large subcontractor mobilizes.
Long jobs also add weather. A winter site and a July site pose different questions for the units, and our guides on winter portable toilet rentals and summer heat look at those. For a multi-month job, our long-term rentals page covers monthly arrangements.
How do you set up the call with a provider?
Give the provider your peak headcount, the site layout, the distance from the farthest work area to the planned units, whether any accessible unit is needed and how long the job runs. A provider that has those details can propose a number of units and a servicing plan; you confirm it with your safety manager.
New York Porta Potty Rental connects you with an independent local provider, who delivers, services and picks up the units. The provider can tell you what it has available and what it suggests, but the compliance question stays with you and your safety manager. We do not claim that any arrangement meets a code.
The more specific you are, the better the quote. Say how many workers you expect at the busiest hour, not on average, and say whether any female is employed on the site, since the state rule asks for separate marked facilities in that case.
- Peak number of workers on site at one time.
- Length of the job and any planned changes in crew size.
- Site layout and the farthest point from the planned units.
- Whether any female is employed on the site, which affects marked facilities under the state rule.
- Where a service truck can stop, and who will meet the driver.
Frequently asked questions
Does a 10-person crew need more than one toilet?
Under the OSHA scale we found, a site with 20 or fewer workers needs one toilet. The state distance rule and the site layout may still call for more than one location, so ask your site safety manager before you settle on a number.
Does a full or dirty unit count toward the minimum?
No. OSHA treats toilets in an unsanitary condition as not counting toward the required minimum. That makes servicing frequency part of meeting the number, so ask the provider how often units are serviced for a crew of your size.
How far can workers be from a toilet in New York State?
New York State Industrial Code Rule 23-1.9, as we found it, says no more than four stories or 60 feet above or below a worker, nor more than 500 feet of travel on the same level, and in no case more than 1,000 feet.
Do hand-wash stations count as part of the requirement?
OSHA says hand-washing facilities must be near the toilets. A station next to the units is a common way to meet that. Whether a specific arrangement is acceptable is a question for your site safety manager.
Can I move a portable toilet to a new part of the site?
Ask the provider to do it. Servicing, emptying and relocating units are the provider's work, and you should not try to move or empty a unit yourself. Tell the provider early when the job moves.
Sources
This guide is general information for New York County homeowners, not a substitute for an on-site inspection. Prices are estimates. See our disclaimer.