The federal construction table in 29 CFR 1926.51(c)(1) sets the minimum toilets for a crew: one facility for 20 or fewer workers, then one toilet seat and one urinal per 40 workers above 20, and one per 50 at 200 or more. A unit that is too far away or kept unsanitary does not count toward that minimum.
Key takeaways
- The federal table sets the count by crew size, with one facility for 20 or fewer workers and ratios that step down as the crew grows.
- Above 20 workers the table counts one toilet seat and one urinal per 40 workers, and at 200 or more it is one per 50.
- A simpler rule of thumb that circulates in contractor guides does not match the table, so the table is the reference to plan from.
- OSHA's interpretations say a toilet that takes too long to reach is not counted as provided.
- A unit in unsanitary condition does not count toward the minimum, which makes servicing part of compliance.
- A state law overturned Austin's construction rest-break ordinance in 2023, and this guide does not say what applies today.
What does the federal table actually require?
The table sits in OSHA's construction sanitation rule and is scaled by crew size. It sets a floor, not a target.
The table sits in the federal construction sanitation standard, 29 CFR 1926.51(c)(1). For a crew of 20 or fewer workers it asks for one facility. Above 20 workers the count moves to one toilet seat and one urinal per 40 workers, and at 200 or more it becomes one toilet seat and one urinal per 50 workers. These are minimums for the crew actually on site, which is why the count should be reworked whenever the crew changes size.
Crew size is not the same as the number of names on a payroll. The count should reflect who is on site on a given day, including subcontractors and trades that come and go. OSHA's standard interpretation letters quote the table in this same form, and that is the version to plan from. A job that peaks at a larger crew for a few weeks needs the count for that peak, not an average over the life of the project. Recheck the count whenever a new trade mobilizes, when a phase closes, or when the general contractor changes its subcontractor list, since each of those can move the number of people who need a unit within the same working day.
Why is the simple rule of thumb not the table?
A simpler rule of thumb circulates in contractor guides, and it does not match the table. The table changes at 20 workers, at 200 workers, and in the bands between them.
Contractor guides often give a simpler ratio that is easier to remember than the table. The trouble is that the table does not say that. It sets one facility for a small crew, uses a different ratio once the crew passes 20, and steps again at 200. A rule of thumb that is easy to repeat can under-provide on a large site or over-provide on a small one, and anyone reviewing the site against the standard will be working from the table.
When you hear a ratio on a job, check it against the table before ordering units. The question is not which figure is most common but which one the standard sets. If a figure differs from the table, plan from the table, and ask the provider to build the count from the crew bands rather than from a rule of thumb. That single step prevents most of the arguments about numbers that come up on site. Keep the working copy of the count in the site file, with the crew figure for each phase beside it, so that anyone who checks the layout later can see how the number was reached without reconstructing it from memory.
What counts as a toilet that is provided?
OSHA's interpretations say a toilet that takes too long to reach is not provided, and a unit in unsanitary condition does not count toward the minimum.
The table counts toilets that are provided to the crew, and the word provided carries a practical test. A unit set so far from the work that workers cannot reach it in a reasonable time is not counted, even if it sits on the same parcel. The same goes for a unit that is dirty, broken or out of supplies. The number on paper is not the same as the number a crew can actually use.
That makes placement and servicing part of compliance, not only part of logistics. A unit set beside the work and cleaned on a steady schedule is what the table assumes. Where units sit at the far edge of a lot, check the placement against the crew's real route from the work, and make sure the route is one a crew will actually walk. Summer heat makes servicing more demanding, which is covered in the summer heat servicing guide.
Do handwashing and drying come with the table?
The table in this guide is about the toilet count. Handwashing is a separate need, and a practical site plan places it beside the units.
Handwashing facilities are a different item from the toilet count. The state standard for larger outdoor gatherings expects handwashing and drying near each toilet location, with the wastewater sent to a holding tank or to subsurface absorption. A job site that wants the same kind of layout can use that standard as a model, even though the state rule itself covers gatherings rather than construction work.
In practice, a worker who uses a unit should be able to wash near it without walking to a separate area. Where the site has no water nearby, the handwash station needs a plan for its water going in and its wastewater going out. Ask the provider how that is handled before the units are set, so the station is not added as an afterthought. The handwashing station rental service covers the common layouts.
Does the ADA side apply to a construction crew?
An informal federal letter says that portable toilets used only by construction personnel are not required to be accessible. The letter is not binding, and placement still matters for the whole crew.
An informal Justice Department letter says that portable toilets used exclusively by construction personnel are not required to be accessible. The letter itself says it is not binding, so treat it as guidance rather than as a rule that settles a site. A job site open to the public, a sales office, or any site where visitors are expected is a different case, and it should be checked on its own terms before the layout is fixed.
Even where accessibility is not required, a firm level pad and an accessible route make a unit usable for the whole crew, including workers with a mobility need. The 5 percent figure the city uses for event clusters is a useful reference when a crew wants accessible units anyway. Placement is the part that most often goes wrong, because a unit that is set on soft ground or behind a step is not usable, whatever its label says.
What happened to Austin's rest-break ordinance?
Austin once had a construction rest-break ordinance. As of 2023, state law had overturned it, and this guide does not say what applies today.
The city's construction-worker rest-break ordinance, which set a break of 10 minutes every 4 hours, was overturned by HB 2127, the Texas Regulatory Consistency Act. That state law, signed in 2023, bars local rules that are stricter than state ones. As of 2023, the ordinance had been overturned, so the local requirement could not be relied on for a site.
Heat and rest are linked on a job, but a sanitation plan does not depend on that ordinance. The point for a site is to know which rules are in force before a schedule is quoted, and to check the current position with the agency before relying on any rest-break requirement. Austin's heat is covered on its own, in the summer servicing guide, and that guide does not depend on the ordinance either way.
Where do Austin's large jobs fit this table?
Austin's most visible large jobs are highway projects, and their crews run across the full range of the bands. The count comes from the crew on each phase, not from the project's name.
The largest visible construction work in the area is highway work. It includes the I-35 Capital Express Central project that is rebuilding the Lady Bird Lake bridges, a TxDOT tunnel effort beneath central Austin that starts in 2026, and the 183 North project, which is due to finish in 2026. A crew on a corridor like that can range from a small survey team to a large paving crew, and the count changes with each phase of the work.
Smaller commercial sites run at the other end of the range, often with crews that are large for a short stretch and then shrink. The table has to be reworked as the crew changes, and a unit that serves a small finishing crew does not automatically serve a framing crew at its peak. Write the crew count for each phase into the site plan, and let the provider schedule units around the peaks. For a downtown site with no room to spare, the high-rise and downtown site restrooms service explains how the layout is usually handled.
Frequently asked questions
How many toilets does a crew of 15 need?
At 20 or fewer workers the federal table asks for one facility. That is the minimum to plan for a crew of that size, and the count should be rechecked if the crew grows past 20. A unit that is far from the work or left dirty does not count, so place and service it with the crew's route in mind.
How does the count work for a crew of 50?
Above 20 workers the table counts one toilet seat and one urinal per 40 workers, so a crew of 50 falls in that band. Work the count from the table itself rather than from a summary. Check the rounding against the standard text before you order, since the band boundaries matter for the final number.
Does a urinal count as a toilet?
In the band above 20 workers, the table counts a toilet seat and a urinal as separate items. Ask the provider how many seats and urinals each unit provides, so the total can be checked against the table. A unit description that does not say how many of each it contains is hard to check.
Can a unit a long way from the work count?
OSHA's interpretations say a toilet that takes too long to reach is not counted as provided. This guide does not set a fixed distance, and the practical test is whether the crew can reach the unit in a reasonable time. Place units along the route the crew actually uses, not on the far edge of the lot.
Do I still need an accessible unit on a construction site?
An informal federal letter says that units used only by construction personnel are not required to be accessible, and the letter is not binding. Placement still matters for every crew member who uses the unit. A site open to visitors is a different case and should be checked on its own terms.
Does Austin still have a construction rest-break rule?
The city's ordinance was overturned by state law in 2023. This guide does not say what applies today, so check the current position with the agency or with counsel before relying on any rest-break rule. The sanitation count in the federal table does not depend on that ordinance.
Sources
This guide is general information for Travis County homeowners, not a substitute for an on-site inspection. Prices are estimates. See our disclaimer.