Legal Requirements for Welfare
Welfare facilities on construction sites are a legal requirement under the Construction (Design and Management) Regulations 2015. The principal contractor has the primary duty to ensure adequate welfare facilities are provided and maintained.
CDM 2015 Regulation 13
The principal contractor must ensure that suitable and sufficient welfare facilities are provided or are available to persons working on the construction site from the start of construction work. Facilities must comply with Schedule 2.
Workplace (Health, Safety and Welfare) Regulations 1992
These regulations set general welfare requirements for all workplaces. Construction sites are exempt from some provisions where CDM 2015 Schedule 2 applies, but the principles are similar.
Health and Safety at Work Act 1974
Section 2 requires employers to ensure, so far as reasonably practicable, the health, safety, and welfare of employees. This includes provision of adequate welfare facilities.
Whose Responsibility?
On projects with more than one contractor, the principal contractor must ensure welfare facilities are provided. On single contractor projects, that contractor is responsible. Subcontractors can use the main site facilities, but their employer remains responsible for ensuring adequate provision.
CDM 2015 Schedule 2 Requirements
Schedule 2 of CDM 2015 sets out the minimum welfare facilities that must be provided on construction sites. These requirements apply from the very start of construction work.
Schedule 2 Requires Provision Of:
Key Principles
Suitable and Sufficient
Facilities must be adequate for the number of workers, the nature of the work, and the duration of the project. What's suitable for 5 workers differs from what's needed for 50.
Properly Maintained
Facilities must be kept clean and in good working order. Toilets should be cleaned regularly, soap and towels replenished, and any breakages fixed promptly.
Readily Accessible
Workers must be able to reach facilities easily. HSE guidance suggests facilities should be within about 100 metres of where people are working.
Sanitary Facilities (Toilets)
Adequate toilet facilities are essential on any construction site. The number required depends on the workforce size, and separate facilities must be provided for men and women unless each facility is a single room with a lockable door.
Minimum Toilet Numbers
| Number of Workers | Toilets Required | Urinals (men) |
|---|---|---|
| 1-7 | 1 | 1 |
| 8-20 | 2 | 1 |
| 21-35 | 3 | 2 |
| 36-50 | 4 | 2 |
| 51-75 | 5 | 3 |
For mixed facilities, one additional toilet per 25 workers over 7.
Requirements for Toilets
- Adequately ventilated and lit
- Kept clean and in orderly condition
- Lockable from inside
- Sufficient toilet paper always available
- Separate facilities for men and women (or single occupancy)
- Connected to mains drainage or properly maintained chemical toilets
Chemical Toilets
Where mains drainage is not available, chemical toilets are acceptable. They must be serviced regularly (at least weekly, more often in hot weather or heavy use), maintained in hygienic condition, and positioned away from rest and eating areas.
Washing Facilities
Washing facilities must be provided adjacent to sanitary conveniences and, where the work is particularly dirty, dusty, or involves hazardous substances, additional facilities may be required.
Basic Requirements
- Clean running water (hot and cold or warm)
- Soap or other suitable cleanser
- Towels or other drying facilities
- Adequate number of wash stations
For Dirty/Hazardous Work
- Showers where appropriate
- Specialist cleansers (barrier cream, etc.)
- Eye wash stations for chemical exposure
- Emergency showers for hazmat work
Wash Basins Numbers
One wash basin per every 20 workers is the minimum guideline. For work involving hazardous substances like lead, asbestos, or silica dust, enhanced washing facilities are required under COSHH and other specific regulations.
Drinking Water
An adequate supply of wholesome drinking water must be provided for all workers on site. This is particularly important on construction sites where physical work can lead to dehydration, especially in hot weather.
Drinking Water Requirements
- Wholesome Quality
Usually mains water supply. If using bottled water, ensure sufficient quantity and freshness.
- Readily Accessible
Located near work areas and rest facilities. Workers should not have to travel excessive distances.
- Clearly Marked
Drinking water taps must be clearly marked to distinguish from non-potable water supplies.
- Cups Provided
Drinking cups or a drinking fountain must be available if water is not from a drinking fountain.
Hot Weather Considerations
In hot weather, water consumption increases significantly. Ensure additional supplies are available, consider providing electrolyte drinks for very hot conditions, and remind workers to stay hydrated. HSE recommends 150-200ml every 15-20 minutes in hot conditions.
Rest Facilities
Rest facilities provide workers with a place to take breaks, eat meals, and shelter from adverse weather. They are essential for worker wellbeing and morale.
Must Include
- Tables and seating with backs
- Means of heating food and water
- Protection from adverse weather
- Adequate heating/cooling
- Good lighting and ventilation
- Kept clean and tidy
- Non-smoking environment
Eating Facilities
- Microwave or other heating means
- Kettle or hot water boiler
- Refrigerator for food storage
- Sink for washing utensils
- Rubbish bins
- Separate from toilets and hazardous areas
Sizing Rest Areas
Rest areas should be large enough to accommodate the maximum number of workers likely to use them at any one time. As a guide, allow at least 1.0m² per person seated at a table.
Pregnant Workers and New Mothers
Rest facilities must include somewhere suitable for pregnant women and nursing mothers to rest. This should be near toilets, allow for lying down if necessary, and provide privacy for breastfeeding or expressing milk.
Changing Rooms and Lockers
Changing rooms must be provided if workers need to wear special clothing for work and cannot be expected to change elsewhere for reasons of health, propriety, or comfort.
When Required
- Work involving PPE that is not reasonably worn home
- Dirty work where clothes become significantly contaminated
- Work involving hazardous substances
- Hot or cold environments requiring special clothing
Locker Requirements
Lockers or secure storage should be provided so workers can safely store:
- Personal clothing not worn at work
- Valuables and personal items
- Work clothing (separate from personal items if contaminated)
Contaminated Workwear
Where work involves hazardous substances like asbestos or lead, separate storage must be provided for contaminated work clothing and clean personal clothing. This prevents cross-contamination and protects workers' families from secondary exposure.
Temperature and Ventilation
All welfare facilities must be maintained at a reasonable temperature and have adequate ventilation. This applies to rest rooms, changing rooms, and any enclosed spaces provided for worker welfare.
Temperature
- Heating provided in cold weather
- Reasonable temperature achieved quickly
- No excessive heat in summer
- Minimum 13°C for light work, 10°C for heavy work
Ventilation
- Fresh air supply maintained
- Effective removal of stale air
- Toilets well ventilated
- Windows or mechanical ventilation
Planning Welfare Provision
Welfare facilities should be planned as part of the construction phase plan, considering the site layout, workforce numbers, and project duration.
Planning Checklist
Welfare Unit Options
Mobile Welfare Units
Self-contained units with toilet, wash basin, and rest area. Ideal for smaller sites or short duration works. Require regular servicing and water top-ups.
Modular Site Cabins
Connected to mains services. Can be configured as toilets, drying rooms, canteens, or changing facilities. Suitable for longer projects.
Existing Buildings
On refurbishment projects, existing building facilities may be usable if they meet standards and are separated from work areas.
Accessibility
Welfare facilities must be accessible to disabled workers where reasonably practicable. This includes ramp access, wider doorways, and accessible toilets if disabled workers are on site.
Frequently Asked Questions
Can workers use client or nearby facilities?
Yes, if there is a formal agreement and the facilities meet the required standards. The principal contractor remains responsible for ensuring adequate provision. Using pub toilets or asking workers to go home is not acceptable.
What about very short duration work?
Even for short duration work (a few hours), welfare must be provided. Mobile welfare units are common for such works. "Popping to the shop" is not an acceptable arrangement.
Do self-employed workers need welfare?
Yes. If self-employed workers are on a construction site, they must have access to welfare facilities. The principal contractor or contractor must ensure this is provided.
Who pays for welfare facilities?
This is a commercial matter. Typically, the principal contractor provides and costs welfare in their prelims. Subcontractors use these shared facilities. On single contractor jobs, that contractor bears the cost.
How often should toilets be cleaned?
Daily cleaning is typical, with more frequent cleaning for chemical toilets or high-use facilities. Toilets should be serviced (emptied for chemical type) at least weekly or more often depending on use.
What if facilities break down?
The principal contractor must have contingency arrangements. If facilities become unusable, alternative provision must be made immediately. Work may need to stop until adequate facilities are available.
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