Set drinking water and toilets for the crew on site before work starts, then match the counts to the rule for that place.
Key takeaways for jobsite toilets and drinking water setup
- Mark the container: California Code of Regulations, Title 8, Section 1524 requires that any container used to store or dispense drinking water be clearly marked as to the nature of its contents and not used for any other purpose, according to California Department of Industrial Relations.
- Equip with a faucet: Portable containers used to dispense drinking water to more than one person shall be equipped with a faucet or drinking fountain, according to California Department of Industrial Relations.
- Require a tap: WAC 296-155-140 states that portable containers used to dispense drinking water must be capable of being tightly closed and equipped with a tap, according to Washington State Legislature.
- Ban the shared cup: The common drinking cup is prohibited, according to Washington State Legislature.
- Check the distance: At all sites, toilets must be located within 200 feet horizontally of all employees, according to Washington State Legislature.
California Code of Regulations, Title 8, Section 1524. Water Supply requires an adequate supply of potable water in all places of employment, according to California Department of Industrial Relations.
What water and toilets the crew needs before work starts
Before the crew starts work, you must set out drinking water and toilets that match the headcount on site. This requirement applies to the specific location where your workers are performing their tasks. You need to ensure the water source is accessible and marked clearly so workers know it is safe to drink. The toilet facilities must also be present and usable before the first worker begins their shift. The goal is to have the physical infrastructure ready so that the crew does not have to search for basic necessities while on the clock. This setup is a prerequisite for starting the day's work. If the water or toilets are not ready, you should delay the start of work until they are. This prevents workers from using unsafe or non-compliant alternatives. The five official pages referenced in this guide provide the specific rules for water and toilet requirements. You must check which rules apply to your specific site and jurisdiction. The federal, California, and Washington rules differ in their specific requirements. You need to identify the correct rule for your location. Once you have the correct rule, you can calculate the number of toilets needed based on your headcount. You can also determine the distance the toilet should be from the work area. These calculations are detailed in the later sections of this guide. For now, focus on the basic requirement that water and toilets must be present and compliant before work starts. This is a fundamental safety and health requirement. It protects your workers and helps you avoid potential violations. Make sure your site supervisor is aware of these requirements and can verify them at the start of each shift. This is a simple but critical part of your site management routine.
Two related pre-start lists are Portable ladder checks: 4 steps before climbing and Hot-work handoff: 6 checks before the crew welds.
What each page says the drinking water container must do
The drinking water container on your site must meet specific physical and labeling standards before the crew starts. This rule applies to the water source itself, ensuring the supply is safe for consumption. The same California page specifies that portable containers used to dispense drinking water to more than one person shall be equipped with a faucet or drinking fountain, according to the California Department of Industrial Relations. This requirement means a simple open jug is not sufficient for a group; the container needs a dispensing mechanism. Furthermore, any container used to store or dispense drinking water shall be clearly marked as to the nature of its contents and shall not be used for any other purpose, according to the California Department of Industrial Relations. Marking the container prevents confusion with other liquids on the jobsite. The California page also notes that nonpotable water shall not be used for the purposes of drinking, washing, or food preparation, according to the California Department of Industrial Relations. This ban on nonpotable water for drinking is a strict limit on what can be used for hydration.
Washington State Legislature rules under WAC 296-155-140 provide similar but distinct container requirements. Portable containers used to dispense drinking water must be capable of being tightly closed and equipped with a tap, according to the Washington State Legislature. The requirement for a tight close differs from the California faucet requirement, focusing on containment and hygiene. Additionally, the common drinking cup is prohibited, as stated by the Washington State Legislature. This prohibition directly addresses the practice of sharing a single cup among workers, which the rule forbids.
What each page says about how many toilets the headcount requires
The toilet count depends on the number of workers on site.
The same page also lists 1 toilet seat and 1 urinal for every 50 workers, according to Legal Information Institute.
California Code of Regulations, Title 8, Section 1526. Toilets at Construction Jobsites requires a minimum of one separate toilet facility for each 20 employees or fraction thereof of each sex, according to California Department of Industrial Relations. This is a stricter ratio than the federal 40-worker benchmark. For smaller crews, the same page states that where there are less than five (5) employees, one (1) single-user toilet facility designated for all-gender use is sufficient, according to California Department of Industrial Relations. Under temporary field conditions, the rule adds that not less than one toilet shall be available, according to California Department of Industrial Relations.
WAC 296-155-140: requires one additional toilet for each additional 20 employees or any fraction thereof, according to Washington State Legislature.
To set the correct number of toilets, count the total workers on site. If the crew is under five, California rules allow a single all-gender facility. Write the final count on your site sheet before the shift begins.
A filled reference table of the water and toilet rules
The table below lists the specific requirements for water containers and toilet facilities found in the five official pages. Each row identifies the publisher and the rule text regarding container equipment, headcount ratios, or distance and heater specifications.
| Publisher | Water Container Requirement | Toilet Headcount Rule | Distance or Heater Wording |
|---|---|---|---|
| California Department of Industrial Relations | Portable containers used to dispense drinking water to more than one person shall be equipped with a faucet or drinking fountain, and any container used to store or dispense drinking water shall be clearly marked as to the nature of its contents and shall not be used for any other purpose, according to California Department of Industrial Relations. | A minimum of one separate toilet facility shall be provided for each 20 employees or fraction thereof of each sex, according to California Department of Industrial Relations. | This page does not state this item. |
| Washington State Legislature | Portable containers used to dispense drinking water must be capable of being tightly closed and equipped with a tap, and the common drinking cup is prohibited, according to Washington State Legislature. | One additional toilet for each additional 20 employees or any fraction thereof, according to Washington State Legislature. | At all sites they must be located within 200 feet horizontally of all employees, according to Washington State Legislature. |
| Legal Information Institute | This page does not state this item. | 1 toilet seat and 1 urinal for every 40 workers, and 1 toilet seat and 1 urinal for every 50 workers, according to Legal Information Institute. | This page does not state this item. |
| Minnesota Office of the Revisor of Statutes | This page does not state this item. | This page does not state this item. | Where privies are not placed inside of heated buildings, provisions shall be made for heating privies to a minimum of heat that can be emitted from the installation of a 1,300 watt heater or other type equivalent heater, according to Minnesota Office of the Revisor of Statutes. |
Where the pages use different headcounts, distances, and heater wording
The five official pages do not print a single uniform standard for toilet placement or water temperature. You must check the specific jurisdiction for your site because the numbers vary. The Washington State Legislature page sets a specific horizontal distance for toilet locations. It states that at all sites, toilets must be located within 200 feet horizontally of all employees, according to Washington State Legislature. This distance rule is unique to the Washington page in this set. Other pages in this guide address headcount ratios for toilets, but they do not specify a horizontal distance limit in the same way.
The Washington page also specifies a temperature range for wash water. It requires that you provide clean, tepid wash water, between 70 and 100 degrees Fahrenheit, at all construction sites, according to Washington State Legislature. This temperature range is a distinct requirement from the drinking water rules covered in other sections. The Minnesota Office of the Revisor of Statutes page addresses heating for privies, which is a different utility from wash water. It states that where privies are not placed inside of heated buildings, provisions shall be made for heating privies to a minimum of heat that can be emitted from the installation of a 1,300 watt heater or other type equivalent heater, according to Minnesota Office of the Revisor of Statutes.
Do not apply the Minnesota heater sentence to any other state. The 1,300 watt heater requirement is specific to the Minnesota rule. Similarly, do not apply the Washington 200-foot distance rule to federal or California sites. Each page governs its own jurisdiction. The federal page and the California page use different headcount ratios for determining the number of toilet seats required.
Illustrative example of counting toilets for 40 workers
Picture one crew of 40 workers, all one sex. On the federal 40-worker line, the crew matches 1 toilet seat and 1 urinal. On the California 20-employee line, the same 40 workers match 2 toilet facilities. Place those toilets within 200 feet horizontally if the Washington distance line is the one that covers the site. Treat 70 and 100 as the wash-water bounds only where that Washington line applies. Leave the 1,300 watt heater on the Minnesota privy line alone.
A blank sheet for today's water and toilet check
Write today's date and headcount on this blank sheet. Mark whether the water container is labeled and has a tap. Count the toilet seats present.
Keep that sheet with your Construction Daily Log Checklist for Supervisors.
| Row | Date | Headcount | Container marked | Has a tap | Toilet seats |
|---|---|---|---|---|---|
| Example | today's date | crew on site | yes or no | yes or no | seats present |
Write today's headcount, the number of toilet seats on site, and whether the drinking-water container is marked and has a tap before the crew starts work.
FAQ about jobsite toilets and drinking water
Who is the water rule for?
This requirement applies to the general scope of employment locations defined by that specific title.
Is a shared cup allowed?
The Washington State Legislature page explicitly prohibits the use of the common drinking cup Washington State Legislature.
How does headcount set the toilet number?
Match today's headcount to the toilet ratio for your jurisdiction, and treat a fraction of a group as a whole group.
How far does Washington say the toilet should be?
The Washington State Legislature requires that toilets be located within 200 feet horizontally of all employees at all sites Washington State Legislature. This distance measurement applies to the horizontal span from the worker to the facility.
What does the Minnesota page say about heating a privy?
The Minnesota Office of the Revisor of Statutes requires provisions for heating privies to a minimum of heat that can be emitted from the installation of a 1,300 watt heater or other type equivalent heater when not placed inside heated buildings Minnesota Office of the Revisor of Statutes. This specification applies only to privies outside of heated structures.