OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

April 19, 1993

Mr. William F. Carroll
Executive Director
Portable Sanitation Association International
7800 Metro Parkway, Suite 104
Bloomington, Minnesota 55425

Dear Mr. Carroll:

This is in response to your February 19 letter requesting an interpretation of the Occupational Safety and Health Administration sanitation standard addressing toilets at construction jobsites.

29 CFR 1926.51(c)(1)-(3) contains the minimum requirements for toilets at construction jobsites. As you are aware, 29 CFR 1926.51(c)(4) makes the provisions of paragraph (c) inapplicable to mobile crews having transportation readily available to nearby toilet facilities.

The determination of whether work crews are mobile is dependent upon factors such as worksite operations and circumstances. In general, "mobile crews" job functions require continual or frequent movement from jobsite to jobsite on a daily or hourly basis. Such is not the normal situation for work crews involved in housing construction.

If we can be of any further assistance, please contact me or Mr. Dale Cavanaugh of my staff at (202) 219-8136.


Roy Gurnham, P.E., Esq.
Office of Construction and Maritime
Compliance Assistance

February 19, 1993

Mr. Roy Gurnham
Department of Labor/OSHA
Office of Construction & Maritime
Room N3610
200 Constitution Ave NW
Washington, DC 20210

Dear Sir:

In response to our conversation of today, I request that your office provide the Portable Sanitation Association International with the definition of the following paragraph of 29 CFR 1926.51 (Sanitation). A copy is enclosed.

(c)(4) The requirement of this paragraph (c) for sanitation facilities shall not apply to mobile crews having transportation readily available to nearby toilet facilities.

The interpretation I received during my conversation with your office was that this paragraph applies to mobile crews such as power transmission line crews and not workers involved in housing construction.

Thanking you in advance for your assistance.


William F. Carroll
Executive Director