Enforcement of toilet facilities on construction sites

February 2, 1995

The Honorable Scott Klug
U.S. House of Representatives
[Recipient address omitted]
Dear Congressman Klug:

Thank you for your letter dated December 16, 1994, to Mr. Tadd Linsenmayer, Director of Intergovernmental Affairs, on behalf of your constituent, Mr. John Reindl, regarding his inquiry about the Occupational Safety and Health Administration (OSHA) policy on enforcing the provision for toilet facilities on construction and demolition sites. I apologize for the delay in responding to your inquiry.

With regard to paragraph 29 CFR 1926.51(c) which requires toilets to be provided at all construction jobsites, the Agency's policy is to issue citations for violations of that standard. OSHA continues to enforce all applicable regulations to ensure employee safety and health. Although the Agency has recently begun a focused inspection program for the construction industry which concentrates inspection efforts primarily on the four hazards that account for the most fatalities and serious injuries, the Agency will continue to issue citations for "other-than-serious" hazards which are not immediately corrected during an OSHA inspection. A copy of that new policy is enclosed for your information.

Also, please find enclosed a copy of the December 30, 1994 letter from Mr. Michael G. Connors, Regional Administrator, to Mr. Reindl regarding this matter.

Thank you for bringing this matter to our attention. I believe this letter will assist you in serving Mr. Reindl with regard to OSHA's enforcement policy for toilets at construction and demolition jobsites.

Sincerely,
Joseph A. Dear Assistant Secretary

Enclosures

[Requester letter reproduced on OSHA page; omitted here.]