For permanent places of employment covered by OSHA's general industry rules, the answer to "does my workplace have to provide a restroom and drinking water?" is in 29 CFR 1910.141, Sanitation. This explainer reads that section as it stands in the eCFR. It does not describe a rule change, and it does not cover construction work.
Which workplaces does it cover?
The section opens with its scope: "This section applies to permanent places of employment." The rest of the duties below apply within that scope.
Does the employer have to provide drinking water?
Yes. 1910.141(b)(1)(i) states: "Potable water shall be provided in all places of employment, for drinking, washing of the person, cooking, washing of foods, washing of cooking or eating utensils, washing of food preparation or processing premises, and personal service rooms."
"Potable water" is defined in paragraph (a)(2) as "water that meets the standards for drinking purposes of the State or local authority having jurisdiction, or water that meets the quality standards prescribed by the U.S. Environmental Protection Agency's National Primary Drinking Water Regulations (40 CFR 141)."
The section also limits how drinking water may be served:
- Portable dispensers "shall be designed, constructed, and serviced so that sanitary conditions are maintained, shall be capable of being closed, and shall be equipped with a tap."
- "Open containers such as barrels, pails, or tanks for drinking water from which the water must be dipped or poured, whether or not they are fitted with a cover, are prohibited."
- "A common drinking cup and other common utensils are prohibited."
Water that is not safe to drink has its own rule. Outlets for nonpotable water, "such as water for industrial or firefighting purposes," must be "posted or otherwise marked in a manner that will indicate clearly that the water is unsafe" for drinking, washing of the person, cooking and the other listed uses.
Does the employer have to provide toilets, and how many?
Yes. 1910.141(c)(1)(i) states that "toilet facilities, in toilet rooms separate for each sex, shall be provided in all places of employment in accordance with table J-1 of this section." The count for each sex "shall be based on the number of employees of that sex for whom the facilities are furnished."
Table J-1 sets the minimum number of water closets:
| Number of employees | Minimum number of water closets |
|---|---|
| 1 to 15 | 1 |
| 16 to 35 | 2 |
| 36 to 55 | 3 |
| 56 to 80 | 4 |
| 81 to 110 | 5 |
| 111 to 150 | 6 |
| Over 150 | "1 additional fixture for each additional 40 employees" |
In this section, "Number of employees" means, "unless otherwise specified, the maximum number of employees present at any one time on a regular shift.
A footnote to the table allows urinals in some cases: "Where toilet facilities will not be used by women, urinals may be provided instead of water closets, except that the number of water closets in such cases shall not be reduced to less than 2⁄3 of the minimum specified."
Separate rooms for each sex are not always needed. The rule says: "Where toilet rooms will be occupied by no more than one person at a time, can be locked from the inside, and contain at least one water closet, separate toilet rooms for each sex need not be provided." If such a single-occupancy room has more than one toilet, "only one such facility in each toilet room shall be counted" toward Table J-1.
Privacy is required too: "Each water closet shall occupy a separate compartment with a door and walls or partitions between fixtures sufficiently high to assure privacy."
Is there an exception for crews that move around?
Yes, a narrow one. 1910.141(c)(1)(ii) states that the requirements of paragraph (c)(1)(i), the Table J-1 count and the separate-rooms rule, "do not apply to mobile crews or to normally unattended work locations so long as employees working at these locations have transportation immediately available to nearby toilet facilities which meet the other requirements of this subparagraph."
The condition matters: the exception holds only while that transportation is "immediately available" to "nearby" facilities. The same kind of exception applies to lavatories, with the words "transportation readily available to nearby washing facilities" in 1910.141(d)(2)(i).
What about handwashing?
1910.141(d)(2)(i) states: "Lavatories shall be made available in all places of employment." Under paragraphs (d)(2)(ii) to (iv), each lavatory "shall be provided with hot and cold running water, or tepid running water," and the employer must provide "Hand soap or similar cleansing agents" and individual hand towels, air blowers or clean individual sections of continuous cloth toweling "convenient to the lavatories".
Showers and change rooms are required only when another standard calls for them. Paragraph (d)(3)(i) begins "Whenever showers are required by a particular standard," and paragraph (e) applies "Whenever employees are required by a particular standard to wear protective clothing because of the possibility of contamination with toxic materials".
Can workers eat in the restroom?
No. Where employees are allowed to eat or drink on the premises, 1910.141(g)(2) states: "No employee shall be allowed to consume food or beverages in a toilet room nor in any area exposed to a toxic material." Paragraph (g)(4) adds that "No food or beverages shall be stored in toilet rooms or in an area exposed to a toxic material."
Study the rest of the general industry rules
Our OSHA general industry hub has study guides and practice tests built from 29 CFR 1910. For a related question on first aid kits and eyewash stations, see Does OSHA require a first aid kit or an eyewash station?