Hazard summary

Contamination of food or beverages can occur if workers store or consume them in a location in a health care or residential facility where there are:

  • infectious materials
  • hazardous drugs
  • hazardous chemicals

Workers can become ill if they consume contaminated items. Even when these items are stored in closed containers, there is a risk of contamination because the containers themselves may become contaminated.

Workers that touch contaminated items can also spread contamination to other places (for example, after handling contaminated storage containers of food or beverages).

What you're required to do by law

Under section 32 of O. Reg. 67/93 – Health Care and Residential Facilities made under the Occupational Health and Safety Act, food, drink, tobacco or cosmetics must not be consumed, applied or kept in areas where infectious materials, hazardous chemicals or hazardous drugs are used, handled or stored.

Actions for employers

Employers must prohibit workers from eating or drinking (or storing food and beverages) in areas where infectious materials, hazardous chemicals or hazardous drugs are used, handled or stored.

Actions for workers

Workers are required to work in compliance with the regulations. They must comply with the prohibition on consumption and storage of food and drink set out in section 32 of O. Reg. 67/93.

What to consider when informing workers where they can eat or drink

The prohibition on eating and drinking applies in any place at the workplace where infectious materials, hazardous chemicals or hazardous drugs are used, handled or stored.

The regulation does not regulate and prohibit the consumption of food or drink based on specific:

  • locations within a workplace (for example, a unit or a room)
  • types of activities that are carried out in a work location (for example, all care areas or clinical areas)

Employers and workers should consider locations where food or drink could be contaminated by infectious materials, hazardous chemicals or hazardous drugs when thinking about whether food or drink can be consumed or kept in that part of the workplace.

Although the regulation does not specifically require this, employers may designate areas for workers to store and consume food and drink. Before designating an area for food and drink consumption and storage, employers should determine where infectious agents, hazardous chemicals or hazardous drugs are not present and where contamination is not likely.

Risk assessment

An employer should consider conducting a risk assessment to identify if and where hazards exist, and where contamination of food or drink may occur.  

When conducting a risk assessment, consider:

  • the presence of infectious materials or other hazardous material such as hazardous chemicals or drugs
  • areas where hazardous materials are likely to be found (if not present at the time)

Workplaces vary in design and tasks carried out. Variables unique to each workplace setting will influence how employers determine and maintain compliance with section 32 of O. Reg. 67/93.

As a best practice, we recommend that employers conduct the risk assessment in consultation with the joint health and safety committee or health and safety representative.

Employers should remember that in addition to the specific requirements of section 32 of O. Reg. 67/93, there are other obligations under the Occupational Health and Safety Act that they should consider and with which they may need to comply when addressing the storage and consumption of personal food and beverages in the workplace.

Contact us

If you need more information about safety requirements, please contact the Ministry of Labour, Training and Skills Development Health & Safety Contact Centre at 1-877-202-0008 on Monday to Friday, from 8:30 a.m. to 5:00 p.m., or webohs@ontario.ca.

This resource does not replace the Occupational Health and Safety Act (OHSA) and its regulations and should not be used as or considered legal advice. Health and safety inspectors apply the law based on the facts in the workplace.