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OSHA 1926.51: Do temporary workers count toward our porta potty total?

Hector V.asked 2 viewsConstruction & Job SitesOsha 1926 51Crew sizesRules permits adaConstruction siteUnits per person

We're running a 12-story concrete and steel job in downtown Tempe, a 40-week build. We have 60 permanent tradespeople on site and bring in a temp agency crew of 15 for concrete pours and steel erection, making 75 people total most days. The ground is paved and the truck access is clear for our weekly service. We currently have three standard units and one ADA-compliant unit on the ground level.

I'm reading OSHA 1926.51 for our compliance. The standard counts 'employees' for the toilet-to-worker ratios. My question is, do those temporary workers count as employees for this calculation? They are on our site, under our supervision, for a full 8-hour shift. Or does the rule only apply to our direct hires? I need to know if we're compliant or if I need to order another unit.

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Brad L.Kansas City, MO

Yes, temporary workers count toward your OSHA 1926.51 toilet total when they are on the job for a full shift under your supervision.

OSHA sizes sanitation to the people who are present and using the facilities, not to who signs their paycheck. Agency temps pouring concrete and hanging steel on your site for eight hours are employees for this purpose. On pour days you are looking at about 75 people, so that is the headcount to size against, not the 60 permanent trades alone.

You already have three standard units plus one ADA unit, with clear truck access and weekly service. Keep the count locked to peak days. If temps only show up for pours and steel, you still need enough seats for those peaks. Quiet stretches between pours can run leaner. Busy days are what get you written up.

On jobs like yours I put the extra seat in before a multi-day pour rather than after an inspector shows up mid-crew. Weekly pump usually holds at that density if the units stay level and hose reach stays clear.

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