The legal framework
Construction site welfare in the UK is governed primarily by three pieces of legislation:
- The Construction (Design and Management) Regulations 2015 (CDM 2015)
- The Health and Safety at Work Act 1974
- The Workplace (Health, Safety and Welfare) Regulations 1992 (as applied to construction sites)
CDM 2015 is the primary regulation governing welfare on most construction sites, and Schedule 2 of those regulations sets out the specific welfare requirements in detail.
Toilet requirements
Schedule 2 of CDM 2015 requires "suitable and sufficient" toilet facilities to be provided for all workers. The specific provision required is:
- One toilet per 7 workers on site (when using flushed facilities)
- For chemical portable toilets, the same ratio applies in practice
- Where both male and female workers are present, separate facilities must be provided where reasonably practicable
- Toilets must be adequately ventilated and lit
- Facilities must be kept clean and in working order
Washing facilities
Adequate washing facilities must be provided adjacent to toilet facilities. Washing facilities must include:
- Running hot and cold water
- Soap or suitable cleaning agent
- Towels or other means of drying
- Adequate lighting and ventilation
Hand sanitiser alone is not sufficient to meet this requirement — running water is required.
Rest facilities
Workers must be provided with a suitable rest area that includes:
- Seating with back support
- Facilities to prepare and eat meals
- Facilities to boil water
- A means of heating food
Drying facilities
Suitable facilities for workers to dry wet clothing must be provided. In practice this means a heated area where wet clothing and PPE can be hung and dried — this is typically provided within a welfare unit.
When must facilities be in place?
Welfare facilities must be in place before any work begins on site. It is not acceptable to start work and arrange facilities later. The Principal Contractor is responsible for ensuring welfare provision is in place from the outset.
Consequences of non-compliance
The HSE has powers to issue improvement notices requiring immediate remediation, prohibition notices stopping work entirely, and to pursue prosecution under the Health and Safety at Work Act. Fines for welfare non-compliance can be unlimited, and individual directors and managers can face personal liability.
Beyond legal consequences, inadequate welfare facilities impact productivity, worker wellbeing and your reputation as an employer and contractor.
How Loo Managed can help
Loo Managed specialises in construction site welfare provision. When you enquire, we'll assess your workforce size, project duration and site conditions, and recommend the right welfare provision to keep you fully compliant. We work with vetted suppliers who understand CDM requirements and can provide compliance documentation if needed for your site files.