Dunny Do’s and Don’ts – SafeWork reiterates the need for employers to provide suitable toilets

What Are the Legal Requirements for Workplace Toilet Facilities?

SafeWork NSW has sought to remind employers that they must provide clean and safe toilet facilities for all staff onsite in accordance with clause 41 of the Work Health and Safety Regulation 2017 (NSW). The reminder follows a recent finding by SafeWork SA where the regulator determined that the majority of toilets provided for a construction site where so filthy and unhygienic that workers were exposed to risk of disease.

SafeWork NSW has released a factsheet on workplace toilet facilities which outlines that toilets, whether portable or not, must not be:

• Unclean;
• Unmaintained; or
• Hazardous.

What Are the Toilet Requirements for a PCBU?

As a Person Conducting a Business or Undertaking (PCBU), systems must be implemented to ensure that:

• Portable toilets are maintained regularly when workers are on site. This includes:
  • Sanitisation;
  • Water level topped up;
  • Sufficient amenities supplied; and
  • Waste bin regularly emptied.
• In accordance with the hire agreement of the portable toilet, the toilets are to be regularly serviced and maintained by the hire company.
• Employees are provided with all necessary instruction and training, so it is understood that
  • There is personal responsibility to clean up themselves when using workplace facilities; and
  • Problems with site facilities must be immediately reported to the PCBU.

How Do You Select an Appropriate Toilet?

A portable toilet that is plumbed into a sewerage system and connected to running water is preferred. If this cannot be achieved, workers must be consulted with regarding the most suitable type of portable toilet.

If a toilet cannot be connected to the sewerage system, it should be:

• self-contained;
• utilising chemical/water flushing; and
• connected to clean water to be hand pumped for handwashing.

What are the Required Toilet Ratios?

For employers who have 10 or less staff in the workplace or there are two or less workers of one gender, one unisex toilet can be provided.

For other workplaces, the following must be adhered to:

Male workers:

• 1 closet pan per 15 males
• 1 urinal per 20 males (a urinal is not required for fewer than 10 workers)

Female workers:

• 1 closet pan per 10 females.

Where Should Toilets Be Located?

When selecting a location for the toilet, regard must be had to the following:

• The toilet must be located within or immediately adjacent to the work site;
• It is placed on even and stable ground;
• Privacy is able to maintained (away from roads and footpaths);
• Whether access is able to be had in all weather conditions;
• The toilets location must be clearly sign posted.

What Happens If a Workplace Is in Breach?

If a SafeWork NSW inspector attends the worksite and finds that there are not adequate toilet facilities, it will result in a finding that the workplace is not suitable for operation unit the issues are rectified.

If you are concerned about the Work Health and Safety of your workplace as a PCBU or an employee, reach out to the Workplace team at Chamberlains Law Firm for assistance.

This article was prepared with the assistance of Challita Tahhan