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 key washroom facility requirements on construction projects (including distance rules, toilet conditions, and female-designated facilities) were introduced by O. Reg. 61/23 and took effect on July 1, 2023. These changes were a direct response to the Ministry of Labour’s 2023-bathroom inspection blitz that revealed widespread non-compliance, as well as a broader effort to improve sanitation and 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 washroom facilities. 

Under O. Reg. 213/91, s. 29(4), as amended by O. Reg. 61/23 (effective July 1, 2023), toilet facilities, urinals, and clean-up facilities must be located: 

• Not more than 90 metres (measured horizontally) from the project work area where reasonably possible, and 
• Otherwise not more than 180 metres (measured horizontally) from the project work area. 

The regulation requires employers to locate all washroom facilities within 90 metres when it is reasonably possible to do so. If the 90-metre distance is not reasonably achievable due to site constraints or other practical considerations, the maximum distance may be extended to 180 metres. 

Special Distance Requirements: 

Additional distance requirements apply in specific circumstances: 

• Tunnel work: Under O. Reg. 213/91, s. 29(5), when work is performed in a tunnel, facilities must be located not more than 180 metres from the tunnel entrance. 
• Remote locations with transportation: Under O. Reg. 213/91, s. 29(6), facilities may be located up to 3 kilometres away from the project work area if the constructor provides transportation that workers can reasonably access at any time during working hours. 
• Vertical distance in buildings: Under O. Reg. 213/91, s. 29(7), when a building under construction is more than 9 metres in height, facilities must be located not more than 9 metres (measured vertically) from where workers are regularly employed. 

These distance requirements apply to all "facilities" as defined in the regulation, which includes toilet facilities, urinals, and clean-up facilities collectively, ensuring workers have reasonable access to complete sanitation facilities 

2. Requirement for Toilet conditions 

The regulations under O. Reg. 213/91, s. 29.1 are very specific about the required condition and features of toilets on construction sites. Each toilet facility must be kept in good repair at all times and have:​ 

• A toilet seat with an open front. (O. Reg. 213/91, s. 29.1) 
• A toilet paper holder and an adequate supply of toilet paper. (O. Reg. 213/91, s. 29.1) 
• A self-closing door that can be locked from the inside. (O. Reg. 213/91, s. 29.1) 
• Adequate illumination by natural or artificial light. (O. Reg. 213/91, s. 29.1) 
• Adequate ventilation. (O. Reg. 213/91, s. 29.1) 
• Adequate heating, if possible. (O. Reg. 213/91, s. 29.1) 
• Privacy and protection from weather and from falling objects. (O. Reg. 213/91, s. 29.1) 

Additional Requirements: 

Under O. Reg. 213/91, s. 29.1(2), separate toilet facilities shall be provided for male and female workers, unless the facilities are intended to be used by only one worker at a time.​ 

If a facility is a single-toilet facility, it must be completely enclosed under O. Reg. 213/91, s. 29.1. However, the requirement that a facility be completely enclosed does not apply to a portable urinal.​ 

If the facility is intended for use by females only, there must be a disposal receptacle for sanitary napkins under O. Reg. 213/91, s. 29.1(2.3).​ 

If the minimum number of toilets required at a project is five or more, at least one facility must be designated for the use of female workers only (where reasonable in the circumstances), and it must have a sign indicating this fact under O. Reg. 213/91, s. 29.1(2.1).​ 

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

3.Number of Washroom Facilities 

The number of required toilet facilities depends on the type of toilet system and the number of workers regularly employed at the project.  

For Sewered Toilet Facilities (Water Flush Toilets Connected to Sanitary Sewer) 

Under O. Reg. 213/91, s. 29.1(5), the minimum number of toilets required is one toilet for each group of 15 workers or fewer. 

Table 1 - Sewered Toilet Facilities: 

For Non-Sewered Toilet Facilities (All Other Types) 

Under O. Reg. 213/91, s. 29.1(7), the minimum number of toilets required is one toilet for each group of 10 workers or fewer up to 40 workers, then one additional toilet for every 15 workers if 41 or more workers are employed.  

Table 2 - Non-Sewered Toilet Facilities: 

Additional Requirements 

Female-Only Toilet Facilities: Under O. Reg. 213/91, s. 29.1(2.1), where the minimum number of toilets required at a project is five or more, at least one facility must be designated for the use of female workers only, where reasonable in the circumstances. This facility must have a sign indicating it is for females only and must include a disposal receptacle for sanitary napkins under s. 29.1(2.3).  

Separate Facilities: Under O. Reg. 213/91, s. 29.1(2), separate toilet facilities must be provided for male and female workers, unless the facilities are intended to be used by only one worker at a time.  

Toilet Facilities in Remote Areas 

Under O. Reg. 213/91, s. 29.1(4), the regulations recognize that providing standard sewered or non-sewered toilet facilities may not always be reasonably possible in remote, unpopulated areas. In such cases, employers must provide other types of toilet facilities that come as close as possible to having the features of non-sewered flush toilet facilities.​ 

Under O. Reg. 213/91, s. 29.1(1), each toilet facility must meet specific requirements including adequate heating, if possible, and adequate illumination by natural or artificial light.​ 

Clean-Up Facilities 

Under O. Reg. 213/91, s. 29.2(1), as amended by O. Reg. 61/23 (effective July 1, 2023), each single-toilet facility shall be provided with its own clean-up facility. However, under s. 29.2(1.0.1), one readily accessible clean-up facility may be provided for every two single-toilet facilities if those facilities are located together in the same area at the project.​ 

Under O. Reg. 213/91, s. 29.2(2), each clean-up facility shall have a wash basin with both hot and cold running water, if reasonably possible, and soap or hand cleanser.​ 

Under O. Reg. 213/91, s. 29.2(2.1), individual or disposable towels shall be provided at the clean-up facility.​ 

If it is not reasonably possible to have a wash basin with running water at a clean-up facility, O. Reg. 213/91, s. 29.2(3) requires both of the following: 

• A hand cleanser that can be used without water, and 
• Individual or disposable towels​ 

Important Exception: Under O. Reg. 213/91, s. 30, workers who handle or use corrosive, poisonous, or other substances likely to endanger their health must be provided with washing facilities with clean water, soap, and individual towels. This requirement overrides the alternative provisions in s. 29.2(3).​ 

Menstrual Products Requirement - Effective January 1, 2025 

Under O. Reg. 213/91, s. 28.1, as added by O. Reg. 190/24 (effective January 1, 2025), where 20 or more workers are regularly employed at a project, the constructor shall ensure that menstrual products are provided.​ 

Under O. Reg. 213/91, s. 28.1(2), the menstrual products must: 

• Include both tampons and menstrual pads (s. 28.1(2)(a))​ 
• Be kept clean and hygienic (s. 28.1(2)(b))​ 
• Be provided in one or more locations at the project such that for each worker there is at least one location that offers a reasonable amount of privacy and is reasonably accessible (s. 28.1(2)(c))​ 

Under O. Reg. 213/91, s. 28.1(3), this requirement does not apply to a constructor at a project at which work is expected to last less than three months.​ 

Additionally, under O. Reg. 213/91, s. 29.1(2.3) (as amended by O. Reg. 190/24), if a toilet facility is intended for use by females only, there must be a disposal receptacle for menstrual products.​ 

Any toilet facility intended for use by females only must have a disposal receptacle for menstrual products (s. 29.1(2.3); wording updated from “sanitary napkins” by O. Reg. 190/24, effective January 1, 2025). 

Effective July 1, 2025 - Washroom Cleanliness and Sanitation Requirements 

Under OHSA s. 25.3, which came into effect on July 1, 2025, employers and constructors must ensure that any washroom facilities provided for workers are maintained in a clean and sanitary condition.​ 

This requirement is now enforceable, and businesses that are not in compliance can receive orders from Ministry of Labour, Immigration, Training and Skills Development (MLITSD) inspectors.​ 

Under OHSA s. 25.3(3), employers and constructors must also keep, maintain, and make available records of the cleaning of washroom facilities.​ 

Effective January 1, 2026 - Record-Keeping Requirements 

Two regulations clarifying record-keeping obligations come into force on January 1, 2026: 

O. Reg. 480/24 - Washroom Facilities - Records of Cleaning (General) 

Under O. Reg. 480/24, s. 1(2), a record of the cleaning of washroom facilities must include the date and time of the two most recent cleanings of the washroom facility.​ 

Under O. Reg. 480/24, s. 1(1), employers and constructors may satisfy the requirement to make records available by ensuring that: 

• The record is posted in a conspicuous place in or near the washroom facility where it is likely to come to the attention of workers (s. 1(1)(a)), or 
• The record is posted electronically where it can be accessed by workers, and workers are provided with direction on where and how to access the record (s. 1(1)(b))​ 

O. Reg. 482/24 - Construction Projects - Washroom Servicing Records 

Under O. Reg. 482/24, which amends O. Reg. 213/91, s. 29(12), constructors on construction projects must keep at the project: 

• A record of the servicing of the facilities (toilet, urinal, and clean-up facilities), including any associated cleaning and sanitizing 
• The record must include the date of all services for the past six months or the duration of the project, whichever is shorter (s. 29(12)(a)) 

 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.