California job sites are governed by Cal/OSHA Title 8 Section 1526, not by a federal summary. The section requires one separate toilet facility for each 20 employees or fraction thereof, of each sex, lets a single all-gender unit cover crews under five, and allows chemical toilets where water closets are not feasible, subject to local rules.
Key takeaways
- The federal summary of construction toilet counts is not the California requirement, so a San Francisco job site is measured against Section 1526.
- The base count is one separate toilet facility for each 20 employees or fraction thereof, of each sex, and the fraction rounds up.
- Toilets must make up at least half of the minimum facility count, so urinals cannot carry the whole requirement.
- A crew of fewer than five employees may use one single-user toilet facility designated for all-gender use.
- A single-user all-gender facility can count toward the required separate facilities when the section's conditions are met, including an equal sex split for multi-user units.
- Where no sewer or water is available, chemical or recirculating toilets are allowed, subject to local rules, and that is the subsection that puts portable units on a San Francisco job site.
What does Cal/OSHA require for construction toilets?
Title 8 Section 1526 of the California Code of Regulations sets the baseline for toilet facilities at construction jobsites. The Division of Occupational Safety and Health, part of the California Department of Industrial Relations, administers the standard.
Subsection (a) is the core of the section. It requires one separate toilet facility for each 20 employees or fraction thereof, of each sex. The words or fraction thereof mean the count rounds up, not down, so a partial group of employees still needs a facility. Facilities may include toilets and urinals, but the number of toilets must be at least half of the minimum required number of facilities, which means a site cannot meet the count with urinals alone.
Subsection (b) covers temporary field conditions and requires that at least one toilet be available. The Cal/OSHA rulemaking that updated these provisions aligned them with Health and Safety Code section 118600. The section is a California rule written for California workers, and it is the one the employer on a San Francisco site has to plan around, whatever a national table might suggest.
How many toilets does a small crew need?
Under five employees the section is simpler. A single-user toilet facility designated for all-gender use is sufficient, which fits a very small crew working a short job.
Subsection (a)(1) covers worksites with fewer than five employees. In that case one single-user toilet facility designated for all-gender use is sufficient. No separate men's and women's units are required for a crew that small, and the single unit should be placed where the crew can reach it without a long walk across the work area.
Crews that grow past that point fall back on the general count. The employer should recount the workers on each shift rather than relying on the number first listed for the job, because a site that starts with four workers and adds a fifth is no longer under the small-crew rule. Planning the count early means the order is right on the first delivery instead of being fixed after a crew arrives.
How does an all-gender unit count toward the total?
Section 1526 lets a single-user all-gender facility count as one of the required separate facilities when the listed conditions are met. Those conditions include an equal split by sex for any multi-user facilities on the site.
Subsection (a)(2) addresses the mixed case. A single-user all-gender facility can stand in for one of the separate facilities a site must provide, but only when the conditions in the section are met. One of those conditions is that multi-user facilities are split equally by sex. A site that relies on all-gender units therefore has to check that the rest of its layout still meets the split, rather than assuming the all-gender units settle the count by themselves.
For a job site, the practical point is that a mix of units is allowed, but the count is set by the section and not by a supplier's suggested bank. An employer who orders units should ask the provider how many are single-user, how many are multi-user, and how the set lines up with the headcount. The count should then be checked against the section text itself before the order is confirmed.
What happens when there is no sewer or water?
Where water closets are not feasible, the section allows non-water disposal toilets such as chemical or recirculating units. The allowance is subject to local rules, and it is the subsection that puts portable units on a San Francisco job site.
Subsection (c) addresses the common case on an early-stage site, where there is no sewer connection and no water line to the working area. In that situation a chemical toilet or a recirculating toilet can be used, because a water closet is not feasible. The word feasible carries the weight. A site where services could be connected with reasonable effort has a harder case to make for a portable unit, and the planner should be honest about that before ordering.
The section does not stop at the state rule. The allowance is subject to local rules, so the San Francisco requirements for holding and hauling the waste apply on top of the Cal/OSHA provision. The waste side of that chain is covered in the guide on where portable toilet waste goes. Two questions come first for any planner: whether a water closet is truly not feasible on this site, and which local rules govern the unit once it is in place.
Are mobile crews covered by the same count?
Section 1526(e) makes an exception for mobile crews that have ready transportation to nearby toilets. The exception depends on a toilet being near and on the crew being able to reach it.
Some trades move from site to site through the day, with a truck and a short trip to a toilet they can reach at any time. For those crews the section can excuse on-site facilities, provided that transportation to nearby toilets is ready. The exception is a condition, not a blanket exemption. A crew that claims it needs to show that the toilets are close enough and that the transportation is actually available when the crew needs it.
A planner should not assume the exception applies because a crew moves often. The question is whether the crew, on a given day, can reach toilets quickly. A crew that works one stretch of the city for days at a time, with no nearby facility, is unlikely to fit the description in subsection (e), and it will need facilities on site. Read the wording of subsection (e) closely and keep a simple record of where the crew's toilets are on each job.
Why don't federal construction numbers apply in California?
California is a state-plan state for workplace safety, and its construction toilet standard uses its own rule. A federal summary of construction toilet counts is not the California requirement, so a California site should be measured against Section 1526 alone.
Many writers reach for a national summary because it is easy to find. A national table is a different rule, written for a different regulatory system, and it does not describe the California standard. The California section sets its own ratio, its own half-toilet floor and its own all-gender provisions. Those are the numbers that govern a California site, and they are the ones this guide follows throughout. A reader who has seen a national table in another context should set it aside entirely before reading the California section, since mixing the two is the most common way a count goes wrong.
If a comparison is useful, the only accurate statement is that California's own construction standard applies on a California job site, and the section should be quoted directly. Do not mix the two sets of numbers in one count, and do not use a federal figure to settle a question the California section already answers. The Cal/OSHA standard is published by the state, and the section's wording is the reference a planner should carry into any order. Keeping the subsection letters in the order notes makes it easier to answer a question about one specific count without rereading the whole standard.
How does the count affect a portable toilet order?
The employer sets the count, and the rental order should start from it. A rental provider can place the units requested, but the count comes from the section and the crew it covers.
The count is the employer's responsibility, so the order should begin from the section's numbers rather than from a habit. A crew of eight on a retrofit is a different order from a crew of three on a small remodel, even when the two sites are on the same street. Writing the count down with the crew size, the shift pattern and the all-gender arrangement gives the provider something specific to order against.
The count also feeds into placement. A unit that cannot be carried to the work usually goes at the curb, which brings the street space permit into the job. The count and the placement should therefore be planned together, not after the truck arrives. The guide to the street space permit explains what the curb placement involves.
Frequently asked questions
Does Cal/OSHA require toilets on every construction site?
Section 1526 sets out the rules for toilet facilities at construction jobsites, and the requirement is tied to the employees working there. Subsection (b) covers temporary field conditions and says at least one toilet must be available. The section is a state rule, so the answer comes from its text rather than from a general sense of how sites usually work. A site with a question about a specific situation should read the section itself or ask the enforcing agency.
How many toilets does a site with 20 workers need?
Under subsection (a), one separate toilet facility is required for each 20 employees or fraction thereof, of each sex. For 20 workers, the base count is one separate facility for each sex. Toilets must make up at least half of the minimum facility count. The employer should confirm the number of employees on the site and the split by sex before ordering.
Can an all-gender unit replace the separate toilets?
It can count as one of the required separate facilities when the conditions in the section are met. Those conditions include an equal sex split for multi-user facilities. A single-user all-gender unit is enough on its own only for crews under five employees. The employer should check the section text before relying on that count.
Are chemical toilets allowed on a California job site?
Subsection (c) allows non-water disposal toilets, such as chemical or recirculating units, where water closets are not feasible. The allowance is subject to local rules. This is the subsection that allows portable units on San Francisco job sites. Water service is the first thing to check, because a feasible water closet ends the allowance.
Is federal OSHA the rule on a California site?
On a California job site, California's own construction standard applies, which is Title 8 Section 1526. Federal numbers are not the California requirement. Quote the California section when a count is needed, and do not borrow a national summary to fill a gap in it.
Does the count change for a mobile crew?
Subsection (e) excepts mobile crews that have ready transportation to nearby toilets. The exception is a condition, and it depends on the crew being able to reach a toilet quickly. A crew that stays in one place for days is unlikely to fit the exception, and it will need facilities on site.
Sources
This guide is general information for San Francisco County homeowners, not a substitute for an on-site inspection. Prices are estimates. See our disclaimer.