(a) General.
  (1) Employers shall provide toilet facilities, in separate toilet rooms for both sexes, according to these sections, for all temporary places of employment. They shall be readily accessible to all employees during all working hours and rest periods. These facilities may be either fixed (permanently located) or portable.
  (2) Toilet facilities shall be either water-actuated, chemical, or biological toilets. Other systems, such as privies, combustion toilets, sealed-bag toilets, and vault toilets, may be used only upon specific permission of the health authority having local jurisdiction.
  (3) Except as provided as follows, a minimum of one toilet, either fixed or portable, shall be provided per 30 employees of each sex, or fraction thereof, as determined on a daily basis at each temporary place of employment. However, when chemical toilets are furnished, a minimum of one toilet per 20 employees of each sex, or fraction thereof, shall be specified unless cleanout service is provided more often than once per week. When toilet facilities are not used by women, urinals may be substituted for as many as one-third of the minimum number of toilets specified for men.
  (4) Whenever other persons in addition to employees will use the same facilities, a reasonable additional allowance shall be included for them when determining the total number of toilets.
  (5) In those instances where the total number of employees to be provided for at a job site is 15 or less, as determined on a daily basis, a single toilet in a toilet room that offers complete privacy and can be locked from the inside may be provided for both men and women.
  (6) Toilet rooms and facilities shall be maintained in a sanitary condition, free of objectionable toilet odors, during all work hours and rest periods. The floors, walls, ceilings, partitions, and doors of all toilet rooms shall be of a finish that can be easily cleaned. An adequate supply of toilet paper in a suitable holder shall be maintained for each toilet. Covered waste receptacles shall be provided in all toilet rooms used by women.
(b) Specifications: toilet facilities and rooms at fixed locations.
  (1) Each toilet facility (water closet, chemical, or biological toilet) at a fixed (permanent) location shall occupy a separate compartment equipped with a door and latch. Walls or partitions between fixtures shall be sufficiently high to assure privacy.
  (2) Each toilet facility shall be so installed that the space around it can be easily cleaned. This provision does not prohibit the use of wall-hung toilet stools or urinals.
  (3) Each toilet shall have a seat made of substantial material having a nonabsorbent finish.
  (4) Toilet rooms at fixed locations that are not ventilated by mechanical means shall be provided with a screened ventilation opening sufficiently large to permit adequate ventilation.
(c) Specifications: portable toilet facilities and rooms.
  (1) Portable toilet facilities shall be so constructed as to be readily accessible. Privacy must be assured. Steps, handrails, and other installations shall be provided, as necessary, to allow convenient and safe access and usage by every person.
  (2) Portable combination arrangements combining toilet facilities with drinking water, hand-washing, and waste-disposal facilities, together with recommended first aid and emergency equipment, and which are capable of being towed or otherwise moved from one job site to another while maintaining a sanitary condition, are specifically authorized so long as their sanitary components meet minimum standards.
  (3) Buildings housing portable toilet rooms may be mobile trailers or prefabricated, skid-mounted, or otherwise portable structures. If they contain more than one facility, each shall occupy a separate compartment with a door and latch. Walls or partitions between toilets shall be sufficiently high to assure privacy. Urinals need not occupy separate compartments.
  (4) If the structure contains a tank in which waste is stored, the tank shall be vented to the outside of the structure.
  (5) Portable toilet rooms that are not ventilated by mechanical means shall be provided with an adequate screened ventilation opening.

Source Note: The provisions of this §295.166 adopted to be effective February 22, 1993, 18 TexReg 848.