Updated October 2026 · By Daniel Tom, owner, Bay Area Sanitation
Short answer: In California, Cal/OSHA requires at least one toilet for every 20 employees of each sex, plus one hand washing station for every 20 employees, on top of the federal OSHA rule. Crews of fewer than five can share one single-user all-gender unit. Toilets must be kept clean, stocked and close to the work.
What does federal OSHA require?
The federal construction sanitation rule, 29 CFR 1926.51(c), sets the minimum number of toilets in Table D-1:
| Number of employees | Minimum facilities (federal) |
|---|---|
| 20 or fewer | 1 toilet |
| 20 or more | 1 toilet seat and 1 urinal per 40 workers |
| 200 or more | 1 toilet seat and 1 urinal per 50 workers |
OSHA has also said a toilet only counts as available if workers can reach it quickly. One interpretation letter treats under about 10 minutes as reasonable (OSHA letter, Feb. 2005). Another says a toilet too dirty to use doesn’t count, and points to ANSI Z4.3, which calls for service at least weekly (OSHA letter, May 2006).
The “one per 10 workers” figure you’ll see on some sites isn’t in the federal rule or in the Cal/OSHA rule.
What does Cal/OSHA require on California job sites?
California’s rule, Title 8 §1526, is stricter than the federal table:
- Ratio: at least one toilet for every 20 employees of each sex, or fraction of 20.
- Urinals: can stand in for some toilets, but toilets must still make up at least half of the required total.
- Small crews: with fewer than five employees, one single-user toilet designated for all-gender use is enough.
- Condition: toilets must be kept clean and sanitary, with toilet paper and privacy.
- Temporary field conditions: at least one toilet must be available.
- Mobile crews: the rule doesn’t apply to mobile crews with readily available transportation to nearby toilets.
Cal/OSHA answers common questions in its toilet facilities FAQ.
How do I count for a mixed crew?
Count each sex separately and round up. For example, 30 men and 6 women need 2 toilets for the men (30 ÷ 20, rounded up) plus 1 for the women, so 3 units. Single-user all-gender units can serve everyone if the total meets the count.
| Employees of one sex | Minimum toilets for that group (Cal/OSHA) |
|---|---|
| 1–20 | 1 |
| 21–40 | 2 |
| 41–60 | 3 |
| 61–80 | 4 |
Do I need hand washing stations?
Yes. Title 8 §1527 requires at least one washing facility for every 20 employees, with water, soap, and single-use towels or a hand dryer. When the toilet doesn’t have running water, as with a standard porta potty, the washing station must be outside the toilet and not attached to it. A sign must also say the water is for washing only. There’s one exception: crews of fewer than five that share one toilet can have the sink inside the unit. Our hand wash station has foot pumps, soap and paper towels. A deluxe flushable unit has an interior sink.
Do construction porta potties need to be ADA accessible?
Not if construction workers are the only users. The ADA Standards exempt “areas used only by employees as work areas” during construction (§203.2), as explained in the U.S. Access Board guide. If the public uses the restrooms, for example at a sales trailer or a community event on the site, at least 5% of the units in each cluster must be accessible. Our ADA unit has a ground-level entry, handrails and turning space.
Is there anything new in California’s rules?
A 2023 state law, AB 521, directed the Cal/OSHA Standards Board to consider requiring at least one single-user toilet for employees who identify as female or nonbinary on every construction jobsite. As of October 2026, we haven’t seen that change in the published text of §1526, so check the current text before you plan a site.
How do we handle job site rentals?
Construction rentals with us bill every 28 days until you call for pickup, and they include weekly service. We need two business days to deliver and two business days to pick up. Deliveries run Monday through Friday, 7 AM to 4 PM, and the driver calls ahead. Units go in front of the property, no more than 25 feet from the street. If the only spot is a sidewalk or the street, the city may require a permit, such as the SF Public Works Street Space permit. Most standard rentals run about $170–$225, covering up to 28 days (see current prices).
See construction porta potty rentals or request a quote with your crew size and start date.
Frequently asked questions
How many porta potties does OSHA require per worker?
Under the federal rule, 20 or fewer workers need one toilet. From 20 workers up, you need one toilet seat and one urinal per 40 workers, and from 200 up, one of each per 50 workers. In California, Cal/OSHA’s stricter rule applies: one toilet per 20 employees of each sex.
Do I need a hand wash station on a construction site in California?
Yes. Cal/OSHA §1527 requires at least one washing facility per 20 employees, with water, soap and towels or a dryer. If the toilet is a non-water unit, the station has to be outside the toilet and not attached to it.
Do construction porta potties have to be ADA accessible?
Not when they are used only by construction workers. The ADA Standards exempt areas used only by construction workers. Units for the public, for example at a site office or open house, are a different case.
How close does the toilet have to be?
OSHA has said a facility counts as nearby only if a worker can get to it in under about 10 minutes. If the site is large or spread out, place units close to where crews actually work.
How often do job site toilets need to be cleaned?
Cal/OSHA requires toilets to be kept clean and stocked. OSHA’s guidance points to weekly service at minimum. Our construction rentals include weekly service, and you can add extra visits for big crews.
Sources
- OSHA 29 CFR 1926.51 Sanitation
- OSHA interpretation letter, Feb 23, 2005
- OSHA interpretation letter, May 17, 2006
- Cal/OSHA Title 8 §1526 Toilets
- Cal/OSHA Title 8 §1527 Washing Facilities
- Cal/OSHA toilet facilities FAQ
- U.S. Access Board, Guide to the ADA Standards, Chapter 6: Toilet Rooms
- SF Public Works Street Space permit
This article summarizes the rules. It isn’t legal advice. Check the linked rule text for your situation.
About the author: Daniel Tom
Daniel is an owner of Bay Area Sanitation. He started working in the portable restroom industry before he graduated from San Jose State University and has 10 years of operations experience. Questions about a rental? Contact us or request a quote.