Toilet and Washing Facilities

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Toilet and washing facilities are required in all PEI workplaces. These facilities must be of adequate number and be maintained, cleaned, and kept in good working order at all times. This topic also discusses requirements for emergency showers and eye wash stations that may be needed in emergency situations where a worker's eyes or skin may be exposed to harmful or corrosive materials.

Employer Duties

Employers must:

Number for Persons Facilities*
1 to 9 1
10 to 24 2
25 to 49 3
50 to 74 4
75 to 100 5
Over 100 1 for each additional 30 persons

  • provide a supply of toilet tissue for each toilet at all times, and a waste container that is washable and covered. [OHS General Regs., S. 2.6]
  • provide adequate supplies for personal washing, such as clean hot and cold running water, soap, towels or other means of washing and drying. [OHS General Regs., S. 2.6]
  • provide privies, chemical toilets or other types of toilets, and facilities for hand washing if running water is not available. [OHS General Regs., S. 2.7]
  • when providing privies or chemical toilets, make sure that these are: [OHS General Regs., S. 2.8]
    • provided at the start of the project;
    • built so that a user is sheltered from view, and protected from weather or flying objects;
    • adequately heated in cold weather;
    • have adequate supplies of disinfectant; and
    • kept clean and sanitary.
  • as practicable, supply and maintain adequate changing and showering facilities when the health and safety of workers may be affected by hazardous substances, infectious or offensive materials that are part of the normal work processes. [OHS General Regs., S. 2.6 (3)]
  • When providing changing and shower facilities:
    • provide separate shower rooms for male and female workers, except when there are less than 6 employees (if less than 6 employees, the employer must provide a shower room with a lock on the inside);
    • have a non-slip surface on the floor of the shower rooms; and
    • make sure a water supply for washing and showers that can be manually adjusted from between 35°C and 45°C. The water is not to be heated by injected steam.

Emergency eyewash and shower equipment

Employers must:

  • provide emergency washing facilities in work areas where workers' eyes or skin are likely to be exposed to harmful or corrosive materials or other materials that may burn or irritate workers' eyes or skin. [OHS General Regs., S. 2.9(a)] The selection of emergency washing facilities must be based upon an assessment of risks present in the workplace. [OHS General Regs., S. 2.9(d)]
  • install, test, and maintain the required emergency shower or eyewash fountain according to the ANSI Standard Z 358.1-14, American National Standard for Emergency Eyewash and Shower Equipment. [OHS General Regs., S. 2.9(e)]
  • make sure only a potable water supply is used in a plumbed emergency eyewash facility. Only potable water or an isotonic saline flushing solution is used in a potable (non-plumbed) eyewash unit. [OHS General Regs., S. 2.9(b)]
  • make sure that the access to emergency eyewash and shower facilities is not blocked by material or equipment. [OHS General Regs., S. 2.9(c)]

Note that an OHS officer may not make these requirements mandatory if the work is done outdoors, away from inhabited areas by a small group of workers, and the place of work is always changing. [OHS General Regs., S. 2.1]

Worker Duties

Workers are responsible for taking every reasonable precaution to protect their own occupational health and safety and that of other persons at or near the workplace. [OHS Act, S. 16(1)(a)] This responsibility includes following rules and procedures meant to keep the workplace clean and tidy.

General Regulations
EC180/87

Part 2 TOILET AND WASHING FACILITIES

Section 2.1 Application

2.1 An officer may waive the requirements of this Part where work is carried on outdoors away from inhabited areas by small groups of workers and the place of work is constantly changing.

[EC2021-126, s. 3]

Section 2.2 Toilet facilities

2.2 Every employer shall at each workplace provide proper toilet facilities which shall be maintained and kept clean and shall have adequate provision for privacy, heat, light and ventilation.

Section 2.3 Maintenance

2.3 Every employer shall ensure that toilet facilities are maintained in proper working order at all times.

Section 2.4 Privacy

2.4 Where fewer than 10 persons are employed, the employer shall provide washroom and toilet facilities in a room having a proper door with a locking device on the inside.

[EC2021-126, s. 4]

Section 2.5 Separate facilities

2.5 Where 10 or more persons are employed, the employer shall provide separate washrooms and toilet facilities for each sex with a locking device on the inside.

[EC2021-126, s. 4]

Section 2.6 Requirements

2.6 (1) In every place of employment where running water is available, the employer shall provide

(a) toilet facilities in accordance with the following table:

Table

No. of Persons Facilities
1 to 9 1
10 to 24 2
25 to 49 3
50 to 74 4
75 to 100 5
Over 100 (1 for each additional 30 persons)

(b) a supply of toilet tissue for each toilet at all times and washable covered receptacles for waste;

(c) adequate and suitable facilities for personal washing including a supply of clean hot and cold running water, soap, towels or other suitable means of washing and drying.

(2) Where more than two toilets are required for male workers the employer may substitute urinals for up to 2/3 of the required number of toilets.

(3) Where there is a high risk of contamination of workers by the presence of hazardous substances, infectious or offensive materials that are part of the regular work processes at a workplace, an employer shall, where reasonably practicable, supply and maintain adequate changing and showering facilities.

(4) Where changing and shower facilities referred to in subsection (3) are provided, an employer shall

(a) provide separate shower rooms for male and female employees except where there are fewer than six persons employed at a workplace;

(b) ensure that where there are fewer than six persons employed at a workplace a shower room with a door that has a locking device on the inside is provided;

(c) ensure that the floors of shower rooms have a non-slip surface; and

(d) ensure that at every workplace the water supply, used for washing and showering,

(i) can be manually adjusted to within a range of 35°C and 45°C, and

(ii) is not heated by the injection of steam.

[EC2021-126, ss. 3, 5]

Section 2.7 Chemical toilets

2.7 In workplaces where running water is not available the employer shall provide privies, chemical toilets, or other types of toilets and facilities for hand washing to the satisfaction of an officer.

Section 2.8 Requirements

2.8 Every employer shall ensure that all chemical toilets or privies are

(a) provided from the start of the project;

(b) constructed so that any user is sheltered from view and protected from weather and flying objects;

(c) adequately heated in cold weather;

(d) provided with adequate supplies of disinfectant;

(e) maintained in a clean and sanitary condition.

Section 2.9 Emergency eyewash and shower equipment

2.9 An employer shall ensure that

(a) appropriate emergency washing facilities are provided in a work area where a worker’s eyes or skin may be exposed to harmful or corrosive materials or other materials which may burn or irritate the worker’s eyes or skin;

(b) only a potable water supply is used in a plumbed emergency eyewash facility and that only potable water or an isotonic saline flushing solution is used in a potable (non-plumbed) eyewash unit;

(c) access to emergency eyewash and shower facilities is not blocked by material or equipment;

(d) the selection of emergency washing facilities is based upon an assessment of risks present in the workplace; and

(e) where the assessment of risks referred to in clause (d) determines that an emergency shower or eyewash fountain is required, the shower or fountain, as the case may be, is installed, tested, and maintained in accordance with the ANSI Standard Z358.1-14, American National Standard for Emergency Eyewash and Shower Equipment.

[EC2021-126, s. 6]

OCCUPATIONAL HEALTH AND SAFETY ACT
R.S.P.E.I. 1988, c. O-1.01

Section 16 Duties of worker

16. (1) A worker, while at work, shall

(a) take every reasonable precaution to protect the worker's own occupational health and safety and that of other persons at or near the workplace;

(b) cooperate with the employer and with the other workers to protect the worker's own occupational health and safety and that of other persons at or near the workplace;

(c) wear or use such individual protective equipment as is required by this Act and the regulations;

(d) consult and cooperate with the committee or representative, if any;

(e) cooperate with any person performing a duty or exercising a power conferred by this Act or the regulations; and

(f) comply with this Act and the regulations and any policy or program established by an employer pursuant to this Act or the regulations.

(2) Where a worker believes that any item, device, material, equipment or machinery, condition or aspect of the workplace is or may be dangerous to the worker's occupational health or safety or that of other persons at or near the workplace, the worker

(a) shall immediately report it to a supervisor;

(b) shall, where the matter is not remedied to the worker's satisfaction, report it to the committee or the representative, if any; and

(c) may, where the matter is not remedied to the worker's satisfaction after the worker reports it in accordance with clauses (a) and (b), report it to an officer.

(3) Clause (2)(b) does not apply in respect of a complaint of harassment in the workplace.

[S.P.E.I. 2018, c. 45, s. 4]