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Row of portable toilets along a construction fence
Compliance guide

Wisconsin Jobsite Toilet Requirements (OSHA 1926.51)

Wisconsin construction sites follow federal OSHA 29 CFR 1926.51: 1 toilet for up to 20 workers, then 1 seat and 1 urinal per 40 workers. This guide explains the rule, the Wisconsin codes that sit beside it, and how we set up compliant jobsites in Milwaukee.

A person answers Mon–Sat 7 a.m.–7 p.m. · Form quotes returned within 1 business hour

Delivery area
Jobsites across Milwaukee County and nearby counties. Check your area.
Arrival
Same-day if an inspection flagged a missing toilet — call by noon.
Which unit
Standard units (seat + urinal each); handwashing stations where crews handle contaminants.
Cleaning
OSHA requires sanitary toilets; our weekly service is included.
Full cost
28-day billing with service included. Prices.

By Walter, owner of Walter Rental Works · Published October 7, 2026 · Reviewed October 7, 2026

Jurisdiction

Which jobsite toilet law applies in Wisconsin?

Private employers in Wisconsin follow federal OSHA, because Wisconsin is not an OSHA State Plan state for private-sector workers. Public employers — cities, counties, school districts — follow Wisconsin Administrative Code SPS 332, which adopts OSHA's 1926 construction standards by reference. Both lead to the same 1926.51 toilet table.

EmployerRuleSource
Private contractorOSHA 29 CFR 1926.51osha.gov/stateplans
City, county, school districtWis. Admin. Code SPS 332 (adopts 29 CFR 1926)SPS 332
Farm field workOSHA 29 CFR 1928.110osha.gov
The unit itselfWis. Admin. Code SPS 391.13SPS 391
The table

How many toilets does OSHA require on a construction site?

OSHA 29 CFR 1926.51(c), Table D-1, requires 1 toilet when 20 or fewer workers are on site, 1 toilet seat and 1 urinal per 40 workers when there are 20 or more, and 1 toilet seat and 1 urinal per 50 workers when there are 200 or more. Mobile crews with quick transportation to nearby toilets are exempt.

29 CFR 1926.51(c)(1) Table D-1, quoted from eCFR.
Number of employeesMinimum number of facilities
20 or less1
20 or more1 toilet seat and 1 urinal per 40 workers
200 or more1 toilet seat and 1 urinal per 50 workers

Official text: eCFR — 29 CFR 1926.51.

Legal minimum versus our recommendation

Recommendation is ours, not a legal requirement. Confirm your obligations with your safety officer.
CrewLegal minimumWhat we recommend
12 framers1 toilet1 standard unit, weekly service
35 workers, 10-hour days1 seat + 1 urinal2 standard units
90 workers3 seats + 3 urinals3 units + 1 handwashing station, twice-weekly service
250 workers5 seats + 5 urinals6 units + 2 stations, service 3× weekly
Handwashing

Does OSHA require handwashing on a jobsite?

Yes, when workers handle substances that hand sanitizer cannot remove. OSHA 29 CFR 1926.51(f) requires washing facilities that are kept sanitary and supplied with water, soap and towels, near the work, for crews applying paints, coatings, herbicides or insecticides, or handling other contaminants.

Concrete, roofing tar, adhesives and lead work are common Milwaukee cases. We pair a 2-basin handwashing station with every 2–4 units on those sites, refilled on the weekly visit. In winter, water stations freeze outdoors; we place them in heated enclosures or switch to sanitizer plus a heated wash point you provide.

Unit standard

What does Wisconsin require of the porta potty itself?

Wisconsin Administrative Code SPS 391.13 requires a portable restroom's waste storage chamber to be watertight, and requires the entire floor and the side walls, to a height of at least 4 inches, to be made of material impervious to water. SPS 391.03 defines a portable restroom as a self-contained unit with a holding tank.

Every unit we rent is a molded polyethylene unit with a one-piece sealed tank and an impervious floor and lower walls. Source: Wis. Admin. Code ch. SPS 391.

Not legal advice. This guide summarizes public rules as of the reviewed date. Your safety officer, general contractor or permit office has the final word on your site.

Inspection tomorrow?

Call by noon and the units arrive today.

Questions about this guide

Does a 3-person crew need a porta potty?

Under 1926.51, yes, unless the crew is mobile with quick transportation to nearby toilets. Any crew of 1–20 workers on a fixed site needs at least 1 toilet.

Does a urinal count toward the OSHA total?

Yes. Above 20 workers the rule calls for 1 seat and 1 urinal per 40. Our standard units have both, so one unit covers both parts.

Can my crew use the homeowner's bathroom instead?

Only if the homeowner agrees and it stays available all day. Most remodelers rent a unit so the crew is never dependent on access to the house.

How often must a jobsite toilet be cleaned?

OSHA requires toilets to be kept sanitary. Our standard is a weekly pump and clean, and twice weekly for crews over 20 or in summer heat.

Do separate toilets for men and women apply on jobsites?

OSHA 1926.51(c)(1) allows single-occupancy toilets that lock from inside to serve everyone, which is how portable units work.

Written by Walter, owner of Walter Rental Works. Walter runs the delivery routes and dispatch out of the yard at 5801 W. Bluemound Rd. and has spent more than 10 years placing and servicing portable restrooms on Milwaukee jobsites, backyards and festival grounds. Reviewed October 7, 2026. More about Walter.

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