Overview

This section includes information about possible means to achieve compliance for hygiene requirements in the construction regulation made under the Occupational Health and Safety Act.

It does not represent the exhaustive measures and procedures required by the Occupational Health and Safety Act (OHSA) and its regulations related to occupational hygiene. For a full review of the hygiene requirements under the OHSA on construction projects please refer to the OHSA and:

Facilities requirements: running water and heat

Issue:

What is considered “reasonably possible” when it applies to hot and cold running water and what is considered “possible” when it comes to heat in toilet facilities”?

Position:

Hydro and running water are available throughout most of the province, even in remote locations. It is reasonably possible for constructors to comply with the requirements for running (hot and cold) water.

Any possible source of clean water that would allow its free flow so that a worker may clean both hands by rubbing them against each other using soap or other cleanser is deemed acceptable. Clean running lukewarm water is acceptable.

Where possible, facilities must also be adequately heated during cold weather.

Determining what is “reasonably possible” or “possible” depends 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 are 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 where access is not possible or where water tanks may freeze

If corrosive, poisonous or other substances likely to endanger workers are present at the project, clean water is required at the clean-up facilities, along with soap and individual or disposable towels.

Ratio of clean-up facilities to toilet facilities

Issue:

What is the required ratio of clean-up facilities to toilet facilities on a project?

Position:

The required ratio of clean-up facilities to toilets on a project is:

  •  one clean-up facility for each single toilet facility
  •  one clean-up facility for every two toilets for each multiple-toilet facility
  •  one clean up facility for three toilets (for odd number of toilets, the number of required clean up facilities is based on the preceding even number of toilets.)

If there is a collection of single toilets in the same area (for instance a bank of portable units at a condo site) then the ratio is 2:1.

The number of clean-up facilities on a project is tied to the number of required toilets on a project.

For every “single-toilet facility”, like a standalone portable or single finished bathroom suite, there is a single clean-up facility required. This is in accordance with O. Reg. 213/91, subsection 29.2(1).

If during an inspection or investigation it is determined that more than the required minimum number of clean-up facilities is a reasonable precaution to protect the health and safety of workers at a project, an inspector may require additional “clean-up” facilities. This is to protect workers in circumstances where they need to frequently wash their hands due to the task being carried out or as an additional precaution against the spread of an infectious disease on the project.

Additional toilet facilities on projects

Issue:

Do toilet facilities provided in addition to what is required by subsection 29.1(5) also need to meet the physical features of a compliant toilet facility as outlined in the regulation?

Position:

Yes, all toilet facilities provided for workers at a project, even those above and beyond the minimum requirements, need to be compliant with the outlined toilet facilities requirements, namely adequate lighting, heating, privacy and related clean up facilities (subsections 29.1(1) and 29.2(1)).

Urinals on construction projects

Issue:

Do standalone portable urinals equipped with clean up facilities count towards the minimum number of toilets required at a project?

Position:

No, standalone portable urinals equipped with clean up facilities cannot be used to reduce the number of toilets required on a project. They are permitted in addition to the minimum number of toilets required on a project as outlined in the tables in subsections 29.1(5) and 29.1(7) of O. Reg. 213/91.

There is an exception: water flush urinals may be substituted for a maximum of two-thirds of the number of toilets required by subsection 29.1(6), if the urinals are in a multiple water flush toilet facility intended to be used by male workers only.

For example, if there are 60 workers at a project with a multiple water flush toilet facility, the facility can have three toilets and one urinal or two toilets and two urinals to be compliant with 29.1(5).

Running water requirements for clean-up facilities

Issue:  

What, aside from plumbed lines, can be considered running water in a clean-up facility on a project?

Position:

There are many ways that a constructor can provide running water with a wash basin for clean-up facilities. In each of the following instances, the water source must provide an adequate supply of running water for the purposes of hand cleaning:

  • A water tank built in a portable toilet, which provides clean running water (pressurized by foot pump) through the tap and disposes of it so that it is not re-circulated through the main faucet system.
  • A hands-free running hose with on/off tap that permits the worker to clean their hands with soap. There should also be a drain or method of collecting the used water for safe disposal.
  • A water container which is capable of dispensing running water that permits the worker to wash hands with soap. A de-watering system shall also be in place to dispose of the used water and prevent its re-use if there is no nearby drain or infrastructure.
  • Water that is gravity fed from a suspended reservoir. For example, a large pail with a tap or valve attached to it and a wash basin for disposal.
  • Any other possible source of clean water that would allow its free flow so that a worker may clean both hands at the same time by rubbing them against each other using soap or another cleanser, equipped with a wash basin for disposal.

Subsection 29.2(2) of the construction regulation outlines what is required to be present in each clean-up facility at a project.

If it is not reasonably possible to have a wash basin with running water at a clean-up facility, then hand cleanser that can be used without water must be provided (subsection 29.2(3)). During an inspection or investigation, the constructor must prove that it is not reasonably possible to have a wash basin with running water for this exception to apply. The exception does not apply to the requirements of section 30 regarding the use of corrosive, poisonous or dangerous materials.

Clarification of section 30 of O. Reg. 213/91 regarding corrosive, poisonous or otherwise dangerous substances

Issue:

What are the requirements of section 30 of O. Reg. 213/91 regarding corrosive, poisonous or otherwise dangerous substances and how they may be applied along with the exemption given in subsection 29.2(3) which allows the use of hand cleanser without running water and wash basin?  

Position:

Sections 28 to 30 of O. Reg. 213/91 prescribe the minimum standards required under the OHSA for hygiene facilities on a construction project, namely the availability of:

  •  a reasonable supply of potable drinking water to be kept reasonably accessible on a project along with sanitary means of drinking the potable water (section 28)
  • facilities, meaning toilet, urinal and clean up facilities in adequate numbers and at locations as outlined by the regulation to be provided or arranged for workers by the constructor before work has started on the project (sections 29 to 29.2)
  • washing facilities with clean water, soap and individual towels for workers who handle or use corrosive, poisonous or other substances likely to endanger their health (section 30)

When considering section 30 of O. Reg. 213/91 you must assess what corrosive or poisonous substances are present at the project.

Corrosive, poisonous or other substances likely to endanger the health of a worker are typically a subset of hazardous products in the workplace to which Ontario Regulation 860 applies. The regulation requires:

  • adequate labelling of such products
  • the availability of safety data sheets for products used on the project
  • appropriate corresponding training and instructions to workers who work with the products or may be exposed to them

Section 7 of Regulation 860 requires an employer to ensure that every worker who works with or who may be exposed to a hazardous product is instructed in the contents required on a safety data sheet and the purpose and significance of the information provided.

The employer must also ensure that every such worker is instructed in the procedures for the safe use, storage, handling and disposal of a hazardous product.

Commonly used hazardous products on projects include:

  • cement
  • vitreous fibers
  • other substances containing isocyanates and organic solvents (for example: adhesives, insulating foams and paints)
  • other substances that contain silica and lead
  • other noxious products

The Safety Data Sheet for such products often calls for hand washing with water and soap after having used the product. This makes the availability of clean water and soap on a project a must for the protection of workers’ safety.

Despite the possible exemption granted under subsection 29.2(3) for wash up facilities associated with toilet facilities (which allows in limited circumstances the substitution of a hand cleanser that can be used without water for the wash basin with running water and soap) the requirement for washing facilities with clean water, soap and individual towels for workers who handle or use corrosive, poisonous or other substances likely to endanger their health still stands. There is no exemption for the prescribed requirements under section 30.

Installation of electrical equipment including heating units in portable toilets

Issue:

What are the requirements for the installation of electrical equipment including heating units in portable toilets?

Position:

Installation of electrical equipment including heating units in portable toilets must comply with the ministry’s regulatory requirements, which incorporate other applicable regulations and codes established under the Electricity Act, 1998.

While the Electrical Safety Authority (ESA) is responsible for ensuring compliance with the Ontario Regulation 438/07 under the Electricity Act, 1998, Ministry inspectors will look for an ESA recognized approval mark to ensure compliance with subsection 185(2) of O. Reg. 213/91. See the ESA’s list of recognized approval marks, including for portable toilets.

Note that pursuant to subsection 185(2) of O. Reg. 213/91 (which incorporates regulations made under the Electricity Act, 1998), the following requirements apply:

  • approval is required for all portable toilets that contain permanently installed electrical equipment, regardless of whether they were installed at the place of manufacture or retrofitted in the field
  • portable toilets equipped (from the manufacturer) with lighting, heating or other electrical equipment must bear an ESArecognized approval marking
  • portable toilets facilities retrofitted with electric heating, lighting or other electrical equipment must bear an ESA recognized approval marking
  • An ESA permit and inspection is required if the power source for the portable toilets requires a hard-wired connection