This resource does not replace the Occupational Health and Safety Act (OHSA) and its regulations, and it should not be used as or considered legal advice. Health and safety inspectors apply and enforce these laws based upon the facts they find in the workplace.

Overview

Employers and constructors must ensure any washroom facilities they provide for workers are maintained in a clean and sanitary condition. They must keep, maintain and make available records of cleaning.

These rules are set out in sections 23.1 and 25.3 of the Occupational Health and Safety Act (OHSA), and Ontario Regulation 480/24.

Poor sanitary conditions of washroom facilities can directly impact worker health and the spread of infectious diseases. Clean and sanitary washroom facilities are a fundamental element of human dignity.

Maintaining clean and sanitary conditions of washroom facilities fosters a healthy workplace environment and is fundamental in preventing adverse health effects among workers.

Definition of “washroom facility”

Under subsection 1(1) of the OHSA, a “washroom facility” includes a:

  • washroom
  • toilet facility
  • clean-up facility
  • urinal
  • shower
  • other similar facility

It does not include an eye wash station or emergency shower.

Ensure washroom facilities are clean and sanitary

Ministry inspectors may assess washroom facilities to see if they are maintained in a clean and sanitary condition.

Factors the inspectors may consider include, but are not limited to:

  • the actual condition of the washroom facility, such as visible soiling
  • the frequency of cleaning, based on the type of washroom facility and the level of use
  • the appropriateness of cleaning practices used to maintain clean and sanitary conditions in the context of the particular workplace
  • any other factor the inspector considers relevant

Records of cleaning

Employers and constructors must keep, maintain, and make available records of cleaning of the washroom facilities they provide for workers.

The employer or constructor may meet the requirement by ensuring that:

  • the records of cleaning are 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
    • electronically where workers can access it (in this case, workers must be provided direction on where and how to access the records)
  • the posted records include the date and time of the two most recent cleanings of the washroom facility

Determining if a washroom facility has been provided for workers

If a constructor or employer provides washroom facilities for workers, it is their duty to ensure it is maintained in a clean and sanitary condition. Inspectors determine whether a constructor or employer has provided a washroom facility for workers to use based on the context and facts they find in the workplace.

If you have questions about the application of any requirements under the OHSA and/or its regulations to you or your workplace, you should seek independent legal advice.