OHS Code Explanation Guide

Published Date: July 01, 2009
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Part 24 Toilets and Washing Facilities

Section 356 Exception

This section specifies the type of work sites to which sections 357 to 361 do not apply. For periods of up to and including five working days at a mobile or temporary work site, an employer is not required to provide toilets, washing and hand cleaning facilities, or supplies and waste receptacles if the employer has made arrangements for workers to use local toilet facilities during that period. Such arrangements may involve the use of toilets and hand cleaning facilities at a nearby public buildings, or getting permission from a local business or restaurant owner to use their facilities during the work period. This is intended to be a temporary measure to provide workers with access to toilet facilities.

If workers working for periods of up to and including five working days at a mobile or temporary work site do not have access to toilet facilities in such local public buildings or businesses, then the employer must meet the requirements of sections 357 to 361.

If workers work at a mobile or temporary work site for more than five working days, the employer must meet the requirements of sections 357 to 361, regardless of what other toilet facilities may be available locally.