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OSHA 1926.51: does a 'mobile crew' exemption apply if the nearest gas station bathroom is 10 minutes away?

Hector V.asked 1 viewConstruction & Job SitesOsha 1926 51Service frequencyLong term rentalMobile crewStandard unit

The gas station 10 minutes away does not qualify as 'readily available' under the OSHA 1926.51 mobile crew exemption. You must provide a portable toilet on site for your crew of 12.

OSHA mobile crew exemption only applies when transportation to a toilet facility is immediately accessible. A 10-minute drive each way is not immediate. The exemption requires the toilet to be near enough that crew members do not waste significant work time traveling.

Standard portable toilet requirement applies here. For 20 or fewer workers, OSHA 1926.51(c) mandates one toilet. A standard unit on level ground with truck access for weekly service visits is the minimum. Since your crew moves daily, you need a rental company that offers flexible delivery and pickup.

Placement and service matter. Ensure the unit is staked down if windy. Order weekly service to keep it clean and functional. If the site has no vehicle access, discuss high-rise or crane-lift options with your provider.

Anyone else dealt with daily moving crews and the porta potty logistics?

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Carl D.Oklahoma City, OK

A gas station 10 minutes out counts as readily available only when the crew has a vehicle at the work zone they can take any time they need it. That is the whole test in OSHA 1926.51(c)(4): mobile crews are exempt when they have transportation readily available to nearby toilet facilities. The regulation does not set a drive time, so the 10 minutes is not what decides it.

We run utility crews that move every day or two, and here is how it plays out for us. If the foreman has the only truck and leaves for supply runs, the exemption falls apart because nobody can get to a restroom. If a crew truck stays parked at the work zone with the keys available, and the station actually lets workers use its restroom, we treat it as covered. Ask the owner first. A station that puts up a customers only sign halfway through the job leaves you stuck.

Once the crew stays put for more than a few days, we just drop a standard unit somewhere with truck access and stop arguing about it. For a crew of 12, the 1926.51(c) table calls for one toilet, and a weekly service visit keeps it usable.

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