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

This guide is for employers and constructors to better understand amendments to the Occupational Health and Safety Act (OHSA) and its regulations related to:

  • employer and constructor duties with respect to clean washroom facilities and records of cleaning (in force as of July 1, 2025)
  • specific requirements related to records of cleaning that will be in force as of January 1, 2026 (see O. Reg. 480/24)

Poor sanitary conditions of washroom facilities can directly impact:

  • worker satisfaction
  • health and productivity
  • the spread of infectious diseases

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

Duty of employers

As of July 1, 2025, employers have a duty to:

  • ensure washroom facilities they provide for workers to use are maintained in a clean and sanitary condition
  • keep, maintain, and make available records of cleaning of these washroom facilities as prescribed

On construction projects, these duties are shared by employers and constructors.

“Washroom facility” in this context means a:

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

Eye wash stations and emergency showers are not washroom facilities under this definition.

Clean and sanitary condition of washroom facilities

Factors to consider when assessing whether washroom facilities are maintained in a clean and sanitary condition include, but may not be limited to:

  • the actual condition of the washroom facility
  • the frequency of cleaning for 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

Records of cleaning

As of January 1, 2026, an employer or constructor must keep, maintain, and make available records of cleaning of these washroom facilities. To meet this requirement, the employer or constructor must ensure:

  • the posted records include the date and time of the two most recent cleanings of the washroom facility
  • the records of cleaning are posted either:
    • in a visible place in or near the washroom facility to which the record pertains, where it is most likely to come to the attention of workers
    • electronically where workers can access it (workers must be provided direction on where and how to access the records)

Assessing if a washroom facility has been provided for workers

Factors to consider when assessing whether a washroom facility has been provided by the constructor or employer for the use of workers include, but may not be limited to:

  • whether the employer or constructor is involved in providing the facilities, either:
    • directly (supplied by the employer or by the constructor themselves)
    • indirectly (for example, through a lease agreement that an employer or constructor has with a building owner or portable toilet supplier)
  • whether the washroom facilities are for the use of workers (this may exclude, for example, washroom facilities that are intended for public use and not for worker use)

Examples include, but are not limited, the following scenarios.

Washrooms in multiple-retailer establishments

The requirements outlined on this page do not apply to washroom facilities in a multiple-retailer establishment, such as a mall or food court, if they are:

  • not within the shop, store, kiosk or fast-food counter that the employer is renting
  • available for public use

List of amended regulations