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Warehouse remodel with live staff: which OSHA toilet rule applies?

Tyler R.asked 4 viewsRules, Permits & ADAOshaConstruction siteWarehouseStandard unit1926 51Job site

We are gutting one wing of an occupied warehouse while our own staff still work the other side. Outside contractors cannot walk through the stocked aisles to reach the building restrooms, so we plan to set standard units outside the loading dock for about eight weeks.

Safety keeps asking whether this falls under construction toilet rules in OSHA 1926.51 or the general industry rules in 1910.141, since the building is still occupied. Peak contractor headcount is around fifteen. Our warehouse people keep using the indoor restrooms on the live side.

I need a clear answer on which rule drives the portable toilet count here, and whether the fact that our staff still have indoor bathrooms changes anything for the contractor side. Anyone run this mix before?

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Brad L.Kansas City, MO

OSHA 1926.51 drives the portable toilet count for your contractors. The warehouse staff keeping their indoor restrooms stay under general industry 1910.141.

Gutting a wing is construction work. When outside contractors cannot reach the building restrooms and you put standard units at the dock for them, those units are covering construction employees under 1926.51. The fact that your own people still use flush toilets on the live side does not pull the contractor side into 1910.141. Two workforces, two standards.

Under 1926.51 Table D-1, twenty or fewer employees need at least one toilet facility. Fifteen peak contractors sits in that band, so one unit meets the table minimum if it stays stocked and cleaned. If the crew grows past twenty, the table steps up and you add seats (and urinals where the table calls for them).

Keep the units outside the travel path of the stocked aisles so contractors never have to cut through live warehouse traffic. Schedule a regular service visit for the eight-week window so the holding tank does not become the next safety complaint. I have run this split on occupied remodels the same way: construction count for the outside crew, indoor restrooms for the people still working the live side.

  • Jake W. That split matches what we ran on an occupied warehouse gut last year. Construction count for the dock crew, indoor restrooms for staff on the live side. One unit at fifteen was fine.

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