Purpose

This page includes information about possible means to achieve compliance for the purposes of certain requirements related to toilet, urinal and clean up facilities on construction projects. It does not represent the exhaustive measures and procedures required by the Occupational Health and Safety Act (OHSA) and its regulations.

This resource does not replace the OHSA and its regulations and should not be used as or considered legal advice. Health and safety inspectors apply and enforce these laws based on the facts they find in the workplace.

Overview

The Construction Projects regulation (O. Reg. 213/91) made under the OHSA sets out hygiene requirements for construction projects, including requirements regarding potable water, and toilet, urinal and clean-up facilities. For example:

  • constructors and employers must ensure that a reasonable supply of potable drinking water is kept readily accessible at a project for the use of workers (see subsection 28(1))
  • as of January 1, 2025, the constructor must ensure that menstrual products are provided at construction projects with twenty or more regularly employed workers and that are expected to last at least three months (see section 28.1)
  • the constructor must ensure that toilet, urinal and clean-up facilities are provided or arranged for workers before work has started at a project (see clause 29(3)(a))
  • the constructor must ensure that workers at the project have reasonable access to these facilities (see clause 29(3)(b))

It also includes requirements on the location, maintenance and characteristics of toilet, urinal and clean-up facilities on construction projects.

This guidance will also reference workplace parties’ duties under the Occupational Health and Safety Act as they relate to toilet, urinal and clean up facilities provided on a construction project.

Disease prevention and control

Workers may be at risk from exposure to contaminants or infectious diseases due to poor sanitary conditions associated with toilets, urinals and clean-up facilities on construction projects. Poor sanitation can be a serious occupational health risk.

Some key hygiene practices include:

  • providing clean drinking water
  • supporting hand washing amongst workers
  • regular servicing, cleaning and disinfecting of toilet, urinal, and clean-up facilities.

Hygiene requirements

Workplace parties often have questions about what factors may be considered in assessing compliance with provisions of the OHSA or its regulations that relate to hygiene at a construction project, where the provisions refer to terms such as:

  • reasonable
  • possible
  • reasonably possible
  • reasonable in the circumstances

This document provides examples of factors to consider in assessing whether your workplace is in compliance with various hygiene provisions that use the above terms.

Meaning of “a reasonable supply of potable drinking water”

Subsection 28(1) of O. Reg. 213/91 requires that a reasonable supply of potable drinking water be kept readily accessible at a project for the use of workers.

Factors that may be considered in assessing whether the supply of potable drinking water is reasonable may include:

  • whether the supply of potable drinking water is sufficient for the number of workers present at the project and to mitigate risk of dehydration
  • if the supply of potable drinking water is reasonably accessible for workers on a project
  • whether a sanitary means of drinking the potable water has been provided to the workers (for example, requiring workers to drink out of a hose would not likely be acceptable)

The cost of supplying potable drinking water or the location of the project are unlikely to be considered relevant factors to whether the supply of potable drinking water is reasonable.

Meaning of “adequately heated, if that is possible”

Subsection 29.1(1) sets out requirements that each toilet facility must meet. This includes the requirement that the facility must be adequately heated, if that is possible.

There is no specific temperature required for a toilet facility on a construction project.

The term “adequate” is defined in subsection 1 (1) of the regulation (O. Reg. 213/91) as follows: “adequate”, in relation to a procedure, plan, material, device, object or thing, means it is both:

  • sufficient for both its intended and its actual use
  • sufficient to protect a worker from occupational illness or occupational injury

“Adequately” has a corresponding meaning.

Examples of factors that may be considered in assessing whether a toilet facility is “adequately heated” may include the following.

Functionality

One factor that may be considered is whether the temperature within the facility will allow it to be functional for its intended use.

For example, whether:

  • its flushing system is functional
  • the liquid used for flushing freezes
  • the trap or positive seal is functional and not frozen

Comfort and safety

Another factor is whether the heat is sufficient to ensure that the worker can use the facilities comfortably, without exposure to risks associated with damp and cold environments such as frostbite or hypothermia.

The cost of adequately heating a facility is unlikely to be considered a relevant factor in assessing whether adequate heating is possible. However, determining whether it is “possible” for the facilities to be adequately heated would likely depend, in part, on how easy it is to access hydro at the project location. This will vary on a case-by-case basis across the province.

The following factors may be considered when determining whether it is “possible” for the facilities to be adequately heated:

  • whether the availability of electricity poses a real challenge
  • whether there are extreme weather conditions or other environmental factors that prevent adequate heating
  • whether it is possible to supply an alternate power source such as a generator to heat the toilet facilities

Learn more about what is “possible” when it comes to heat in toilet facilities on projects .

If it is not reasonably possible to provide sewered toilet facilities or non-sewered flush toilet facilities

Subsection 29.1(3) requires sewered toilet facilities or non-sewered flush toilet facilities to be provided at a construction project, subject to subsection 29.1(4).

Subsection 29.1(4) states that “If a project is being carried out in a remote unpopulated area and it is not reasonably possible to provide toilet facilities required under subsection (3); other types of toilet facilities shall be provided.”

These “other types of toilet facilities” are still subject to other regulatory requirements including requirements for toilet facilities set out in section 29.1 related to:

  • illumination
  • heating
  • ventilation
  • supplies
  • clean-up facilities
  • privacy — a single-toilet facility must be completely enclosed, unless it is a portable urinal
  • protection from falling objects
  • separate facilities for male and female workers and posting requirements for such facilities
  • number of toilets

Determining what is “reasonably possible” would largely depend on the location of the project, including how easy it is to access by vehicle and how easy it is to access hydro and water. This will vary on a case-by-case basis across the province. The following factors may be considered when making such a determination:

  • road access and terrain (to deliver units and provide ongoing maintenance)
  • if the availability of hydro and water access poses a real challenge
  • if there are extreme weather conditions and other environmental factors where access is not possible or where water tanks may freeze
  • if it is not practical to supply an alternate power source such as a generator

Clean up facility requirements for toilets and toilet facilities

A single readily accessible clean-up facility may be provided for two single toilet facilities if the toilet facilities are located together. Otherwise, each single-toilet facility must be provided with its own clean-up facility. In a multiple-toilet facility at a project, one clean-up facility must be provided for every two toilets.     

The requirements for the clean up facilities are outlined in subsection 29.2(2) of the regulation. Each clean-up facility must have:

  • a wash basin with running water (both hot and cold running water if reasonably possible)
  • soap or hand cleanser
  • paper towels or a hand dryer (if paper towels are provided, there must be a waste disposal receptacle)

If it is not reasonably possible to have a wash basin with running water, there are alternate requirements in the regulation.

Meaning of “reasonably possible” that hot and cold running water be available

Paragraph 1 of 29.2(2) requires clean-up facilities, subject to subsection 29.2(3), to have a wash basin with running water. This paragraph further requires that both hot and cold running water must be available if reasonably possible.

The constructor can provide free running water in a number of ways to meet this requirement, including using a gravity fed water system.

There is no specific temperature specified in the regulation for hot water in a clean-up facility. Where it is not reasonably possible for hot and cold running water to be made available, lukewarm running water would typically be acceptable.

Learn more about what is “reasonably possible” when it comes to hot and cold water in toilet facilities on projects.

Washbasins

If there is running water, a wash basin must be provided in order to meet the requirement to have “a wash basin with running water” under subsection 29.2 (2). The wash basin should be large enough to collect the water used by the worker to wash their hands without overfilling and spilling, which could result in slippery floors as well as unhygienic conditions when mixed with soil, waste and debris typical to construction environments.

Generally, other containers may also be considered washbasins if they are used to collect and easily dispose the water and soap mixture.

If it is not reasonably possible to have running water and a wash basin at a clean-up facility

It should generally be “reasonably possible” for the constructor to provide running water as part of their clean-up facilities, as access to hydro and water is available throughout most of the province both in urban and rural areas.

Determining what is “reasonably possible” or “possible” would largely depend on how easy it is to access hydro and running water at the project location. This will vary on a case-by-case basis across the province. The following factors may be considered when making such a determination:

  • road access and terrain (to deliver units and provide ongoing maintenance)
  • if the availability of hydro and water access poses a real challenge
  • if there are extreme weather conditions and other environmental factors where access is not possible or where water tanks may freeze
  • if it is not practical to supply an alternate power source such as a generator

If it is not reasonably possible to have a wash basin with running water at a clean-up facility, both of the following must be provided in accordance with subsection 29.2(3)

  • a means of cleaning hands
  • an alcohol-based hand sanitizer containing a minimum of 60 per cent alcohol.

Learn more about compliance requirements for clean up facilities on construction projects .

If corrosive, poisonous or dangerous materials are used on a construction project

The requirements of section 30 regarding the use of corrosive, poisonous or dangerous materials supersede the exception to running water under section 29.2(3)

Under section 30 of O. Reg. 213/91, workers who handle or use corrosive, poisonous, or other hazardous substances likely to endanger their health must be provided with washing facilities with clean running water, soap and individual towels.

Meaning of “at least one facility…for the use of female workers only, where reasonable in the circumstances”

Subsection 29.1(2.1) requires that where the minimum number of toilets required at a project under subsection 29.1(5) or (7) is five or more, at least one toilet facility at the project must be for the use of female workers only, where reasonable in the circumstances.

Any toilets in a female worker only facility would be included in assessing whether the project meets the minimum number of toilets requirement under subsection 29.1(5) or (7). For clarification, if five toilets are required at a project based on the number of workers present, this requirement could be met if at least one of five toilets at the project is in a toilet facility designated as female only.

Generally speaking, it is anticipated that it would be reasonable in the circumstances for most construction projects for which five or more toilets are required under subsections 29.1(5) or (7) of O. Reg. 213/91 to have at least one toilet facility at the project for the use of female workers only.

Menstrual products

Under section 28.1 of O. Reg. 213/91, which came into force on January 1, 2025, constructors must ensure that menstrual products are provided at construction projects that have 20 or more regularly employed workers and that are expected to last three months or longer.

The menstrual products provided must include both tampons and menstrual pads and must be kept clean and hygienic. Menstrual products must be placed in one or more locations on the project such that for each worker there is at least one location that both:

  • offers a reasonable amount of privacy
  • is reasonably accessible

For example, the menstrual products could be located in sewered or non-sewered (portable toilet) facilities located on the project, as long as:

  • each worker can make use of at least one facility that has menstrual products available (for example, menstrual products in gender-neutral facilities that would be accessible to all workers)
  • the menstrual products are in a container to help keep them clean and sanitary (such as a dispenser that dispenses sanitary napkins and tampons) that:
    • workers can access
    • has signage indicating its contents

If menstrual products are not located inside a toilet facility, then determining a location that offers a “reasonable amount of privacy” will vary on a case-by-case basis and will depend on how easy it is to provide the menstrual products in a location on the project that offers some privacy and is reasonably accessible. Factors for consideration when determining compliance with the location requirements may include:

  • whether workers could have an opportunity to access the products discreetly without having to reveal to anyone that they are accessing the products
  • whether the menstrual products are in a location that is close enough to workers that it is not difficult for them to access if and when they need the products

Constructor and supplier duties related to hygiene under the OHSA

The Occupational Health and Safety Act (OHSA) sets out specific duties for workplace parties in sections 23 to 32. Of particular interest to the topic of hygiene at construction projects are the duties set out for:

Under section 23 of the OHSA, constructors must ensure that the measures and procedures prescribed by the OHSA and regulations — including the hygiene sections in O. Reg 213/91 — are carried out on the project.

Constructor duties related to hygiene

Constructor duties and regulatory requirements include ensuring that:

  • facilities are provided for or arranged for workers before work starts at a project
  • workers have reasonable access to the facilities
  • the facilities are kept in good repair, and serviced, cleaned and sanitized as frequently as necessary to maintain them in a clean and sanitary condition

Practices that may support compliance with these duties and requirements may include, but are not limited to:

  • consulting with the toilet supplier to provide feedback on project needs and conditions to enable them to provide compliant facilities
  • if toilet facilities used by workers are varied and located off the project then the constructor must pre-arrange the available commercial, industrial, or other facilities through:
    • getting permission from their owner
    • communicating to workers on the project which facilities they have permission to use
    • ensuring workers are able to reach those facilities, which may include providing workers with vehicles
    • ensuring that any pre-arranged facilities provided meet applicable requirements with respect to maintenance and servicing, etc.

Hygiene and toilet supplier duties

Under clause 31 (1) (b) of the OHSA, the supplier must ensure that any machine, device, tool, or equipment they supply for use in or about a workplace complies with the OHSA and the regulations. This includes suppliers of portable toilets for use in or about construction projects.

Under clause 31 (1)(a) of the OHSA, the supplier must ensure that machines, devices, tools or equipment that they supply for use in or about a workplace (including portable toilets) are provided in good working condition.

To comply with their supplier duties under the OHSA, the supplier should inquire about:

  • where the equipment (such as portable toilets) may be used
  • the conditions of the project on which the equipment would be used
  • access to the job site for delivery
  • whether the equipment can be connected to hydro or not
  • whether the clean-up facilities are contained in the units or whether they will be supplied as separate stand-alone entities to be placed along side the toilet facilities

Requirement to maintain washroom facilities in a clean and sanitary condition

Constructors and employers must ensure that washroom facilities are maintained in a clean and sanitary condition.

The OHSA defines “washroom facility” to include a washroom, toilet facility, clean-up facility, urinal, shower or other similar facility, but not to include an eye wash station or emergency shower.

Constructor duties

The  duties for constructors include:

  • ensuring, on a project, that the washroom facilities, if any, provided by the constructor for the use of workers are maintained in a clean and sanitary condition [OHSA subsection 23.1(1)]
  • keeping, maintaining and making available records of the cleaning of washroom facilities as prescribed in regulations (see record-keeping requirements below) [OHSA subsection 23.1(2)]

Employer duties

The  duties for employers include:

  • ensuring that the washroom facilities, if any, that are provided by the employer for the use of workers are maintained in a clean and sanitary condition [OHSA subsection 25.3(1)]
  • keeping, maintaining and making available records of the cleaning of washroom facilities as prescribed in regulations (see record-keeping requirements below) [OHSA subsection 25.3 (3)]

These duties for employers do not apply if the washroom facilities are provided by a constructor on a project, in which case the constructor would be responsible for these new duties.

Record-keeping requirements

Under O. Reg. 480/24, an employer or constructor may satisfy the requirement to keep, maintain and make available records of the cleaning of washroom facilities by ensuring that:

  • the record is posted either:
    • in a conspicuous place in or near the washroom facility to which the record pertains where it is likely to come to the attention of workers, or
    • electronically where it can be accessed by workers, and workers are provided with direction on where and how to access the record
  • the posted record includes the date and time of the two most recent cleanings of the washroom facility

Under O. Reg 213/91, the constructor must also keep at the project records of servicing of toilet, urinal, and clean-up facilities, including any associated cleaning and sanitizing of the facilities. The records must include the date of all services for the past 6 months or the duration of the project, whichever is shorter.