Ontario OHSA Changes for Construction Washrooms: A Detailed Guide for Employers

The Ontario government has implemented significant changes to the Occupational Health and Safety Act  (OHSA) and its regulations, specifically concerning washroom facilities on construction sites. These changes, primarily found within O. Reg. 213/91 (Construction Projects), aim to improve worker hygiene, sanitation, and overall working conditions, with a particular focus on addressing the needs of women in the construction industry. This blog provides a comprehensive overview of these requirements, offering clarity and practical guidance for employers. 

Recent amendments and their purpose 

The Working for Workers Act, 2023 (formerly Bill 79) introduced several amendments to the OHSA, which came into effect on January 1, 2024. These changes were driven by a recognized need to enhance sanitation standards on construction sites, partly in response to findings from a 2023 "bathroom inspection blitz" that revealed widespread non-compliance. The amendments also reflect a broader effort to make the construction industry more inclusive and appealing to women. 

Current washroom requirements: A detailed breakdown 

1. Distance to washroom facilities: 

• The regulation clarifies the acceptable distance between a worker's work area and the nearest toilet facilities. 
• The maximum distance to a toilet and, if applicable, urinal is now 90 meters. 
• The maximum distance to a clean-up facility is now 180 meters. 
• These distances are measured horizontally. 
• If it is not reasonably possible to meet the 90-meter requirement for toilets, the employer must provide the closest possible alternative. (O. Reg. 213/91, s. 29(5-7)). 

2. Requirements for toilet conditions: 

The regulations are very specific about the required condition and features of toilets on construction sites. All toilets must: 

• Have an open-front toilet seat. (O. Reg. 213/91, s. 29(13)(a)) 
• Be equipped with a toilet paper holder and an adequate supply of toilet paper. (O. Reg. 213/91, s. 29(13)(b)) 
• Have a self-closing door that can be locked from the inside. (O. Reg. 213/91, s. 29(13)(c)) 
• Be adequately ventilated. (O. Reg. 213/91, s. 29(13)(d)) 
• Ensure the user's privacy. (O. Reg. 213/91, s. 29(13)(e)) 
• A single toilet facility, other than a portable urinal, must be completely enclosed. (O. Reg. 213/91, s. 29(14)) 

These requirements aim to ensure basic hygiene, privacy, and functionality. 

3. Number of washroom facilities: 

The number of required toilet facilities depends on the number of workers regularly employed at the project (O. Reg. 213/91, s. 29(4)): 

Crucially, where both men and women are employed, at least one toilet facility must be designated for the use of female workers only, and it must be clearly marked as such. (O. Reg. 213/91, s. 29(8)). This dedicated facility must also include a disposal receptacle for menstrual products. (O. Reg. 213/91, s. 29(9)). 

4. Toilet facilities in remote areas: 

The regulations recognize that providing standard sewered or non-sewered toilet facilities may not always be feasible. In such cases, employers must  provide alternative toilet facilities. (O. Reg. 213/91, s. 29(10)). Where reasonably practicable, running hot and cold water should be provided, and facilities should be heated during cold weather. (O. Reg. 213/91, s. 29(11-12)). 

5. Clean-up facilities: 

Employers are obligated to provide clean-up facilities that are readily accessible from each single toilet facility. (O. Reg. 213/91, s. 30(1)). Ideally, this means a wash basin with running water, soap, and individual paper towels. (O. Reg. 213/91, s. 30(2-4)). However, if providing running water is not practicable, employers must provide alternative means for workers to clean their hands, such as alcohol-based hand sanitizer containing at least 60% alcohol. (O. Reg. 213/91, s. 30(5)). 

6. Menstrual products requirement (O. Reg. 213/91, s. 29.2) - Effective January 1, 2025: 

A significant new requirement came into effect on January 1, 2025. On projects expected to last three months or more, and where 20 or more workers are regularly employed, employers must provide menstrual products (tampons and pads) free of charge to workers. (O. Reg. 213/91, s. 29.2(1)). 

These products must: 

• Be kept in clean and hygienic conditions. (O. Reg. 213/91, s. 29.2(2)(a)). 
• Be provided in one or more locations at the project. (O. Reg. 213/91, s. 29.2(2)(b)). 
• Be available in at least one location that is reasonably accessible and offers privacy. (O. Reg. 213/91, s. 29.2(2)(c)). 

7. Effective July 1, 2025 - Washroom facility standards (O. Reg. 213/91, s. 29.1) - Enhanced requirements: 

Cleanliness and sanitation are paramount. Employers and constructors must ensure that washrooms are maintained in a clean and sanitary condition. The updated regulations now mandate: 

• Documented cleaning records: Employers must keep records of the two most recent cleanings, including the date and time. (O. Reg. 213/91, s. 29.1(1)). 
• Record availability: These records must be posted near the washroom entrance or made available electronically, with clear instructions on how to access them. (O. Reg. 213/91, s. 29.1(2-3)). 
• Regular inspections: Ministry of Labour inspectors will conduct regular inspections, and non-compliance can result in penalties. 
• Formal sanitation protocols: Employers are expected to implement formal sanitation protocols to ensure consistent cleanliness. 

8. Upcoming regulatory changes (Not yet in effect): 

While not yet in effect, employers should be aware of further planned changes: 

• Enhanced privacy standards for multi-user facilities (Effective January 1, 2026): The Ministry of Labour is developing new standards for multi-user washroom facilities, likely to include features like floor-to-ceiling dividers, enhanced ventilation, and sound-dampening. 
• Digital compliance reporting (Effective January 1, 2026): A new digital reporting system for washroom maintenance and compliance is anticipated. This may involve submitting monthly reports, documenting complaints, and maintaining digital records. 
• Construction Projects – Washroom facilities (Effective January 1, 2026): Amendments introduced by regulation 482/24 specifies that constructors must keep a record of washroom servicing (e.g., sanitization and clean up) for past 6-month period or for the duration of the project, whichever is shorter. 

Compliance recommendations for employers 

To ensure full compliance with these requirements, employers should take the following proactive steps: 

1. Review and update site plans: Carefully review existing construction site plans and make necessary adjustments to accommodate the new washroom facility requirements, including location, number, and accessibility. 
2. Implement cleaning and documentation systems: Establish robust systems for tracking and documenting washroom cleaning, ensuring records are readily available as required. 
3. Supervisor training: Train site supervisors on all new requirements, emphasizing their responsibilities for ensuring compliance. 
4. Procurement of menstrual products: Develop procurement processes to ensure a consistent supply of menstrual products, meeting the requirements for storage and accessibility. 
5. Consider retrofitting: Evaluate existing washroom facilities and consider retrofitting to meet the evolving standards, particularly in anticipation of the 2026 privacy enhancements. 
6. Stay informed: Keep abreast of further regulatory changes and guidance from the Ministry of Labour, and develop implementation plans accordingly. 

By taking these steps, employers can ensure they are meeting their legal obligations, promoting a healthier and more inclusive work environment, and avoiding potential penalties for non-compliance. The changes to washroom requirements on construction sites represent a significant step forward in protecting worker well-being and promoting a more equitable construction industry. 

Have questions about the changes to the Occupational Health and Safety Act (OHSA)? 

Our certified health & safety advisors can help you understand your responsibilities as an employer and answer any questions you may have. Our experts can also help you implement, update, and review company policies, as well as assist you with any HR, health & safety, and employee issues that may arise. Call 1 (833) 247-3652  today to learn more about how our services can benefit your business.