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 http://www.osha.gov.

February 25, 1999

Mr. Rick R. Narezo
Migrant Housing Coordinator
Florida Department of Health
2020 Capital Circle SE, Bin # A08
Tallahassee, FL 32399-1712

Dear Mr. Narezo:

Thank you for your telephone call and letter requesting an interpretation of 29 CFR 1910.142(d)(2) regarding the intent of the accessibility of toilet facilities in temporary labor camps.

The 1910.142(d)(2) is strictly an accessibility issue, not a sleeping room privacy issue. The standard did not want bedroom doors subject to being closed, blocked, or locked to prevent or restrict access to the toilet facilities. In the example illustrated in the telephone conversation, a mobile home living room or portion of it being used for sleeping purposes is not a violation of the standard; the fact that someone may have to walk through the living room to get to the bathroom is not, in and of itself, a violation of 1910.142(d)(2).

If you have further questions on this letter, please contact Helen Rogers of my staff (202) 693-1850.


Richard Fairfax, Director
Directorate of Compliance Programs