Provision of Facilities on Construction Sites (Jan 05)

Construction Bulletin No. 28, January 2004 Provision of Facilities On Construction Sites
Introduction	Every year OSH receives complaints from workers on construction sites raising concerned at the lack of facilities and amenities on site for workers to use. This is not acceptable as not only is it offensive to public who view workers using fences and holes in the ground as a toilet, there is also a health risk to people who may come into contact with the contaminated area. The construction industry as a whole needs to take more responsibility for the safety, health and wellbeing of workers from the costing/tendering process through to the successful completion of a project. This includes allowing for the provision of facilities on sites. This information bulletin is aimed at principals, employers, the self-employed and those who control construction work. It gives guidance on the facilities that are to be made available to workers on construction sites.
Facilities to be available on all sites	'Facilities' are those that are necessary for the wellbeing of all workers on a construction site, such as washing, toilet, rest and changing facilities, and somewhere clean to eat and drink during breaks.
Duties	There are always a number of different people involved on any construction project no matter what size. All parties involved in a project at the time of tender/estimates should be formalising who is going to provide and maintain the necessary facilities. A person may at any one time be two or more of any of the following: A contractor; An employer; A person who controls a place of work; A principal; A self-employed person, and A subcontractor. The same duty may at the one time be imposed on two or more persons, whether in the same capacity or different capacities and a duty imposed by the Act on any person is not diminished or affected by the fact that it is also imposed on one or more other persons, whether in the same capacity or in a different capacity.
Employers	If you employ anyone (however short the period of work), you must ‘so far as is reasonably practicable’, provide adequate and appropriate facilities for employees while they are at work. In some situations it may not be practicable to provide certain facilities on a particular site, as the necessary facilities may be available in close proximity. Where this is the case you have to ensure that your employees have access to such facilities in a way that is convenient to them.
Relevant sections from the Health and Safety in Employment Act 1992	s.6 Employers to ensure safety of employees Every employer shall take all practicable steps to ensure the safety of employees while at work, and in particular shall take all practicable steps to– (a) Provide and maintain for employees a safe working environment; and (b) Provide and maintain for employees while they are at work facilities for their safety and health; and (c) Ensure that plant used by an employee at work is so arranged, designed, made, and maintained that it is safe for the employee to use; and (d) Ensure that while at work employees are not exposed to hazards arising out of the arrangement, disposal, manipulation, organisation, processing, storage, transport, working, or use of things– (i) in their place of work; or (ii) near their place of work and under the employer’s control; and (e) Develop procedures for dealing with emergencies that may arise while employees are at work
Persons Who Control Places of Work	A person who controls a place of work has a duty to ensure that no hazard that is or arises in the place harms people in the vicinity of the place or people lawfully at work in the place as employees, contractors, subcontractors or employees of any contractor or subcontractor. This means that the Person Who Controls a place of work needs to ensure that adequate facilities are available for workers. Using the ground for toileting increases the risk of cross infection which has the potential to result in serious harm.
Relevant sections from the Health and Safety in Employment Act 1992	s.16 Duties of persons who control places of work– (1) A person who controls a place of work (other than a home occupied by the person) must take all practicable steps to ensure that no hazard that is or arises in the place harms– (a) People in the vicinity of the place (including people in the vicinity of the place solely for the purpose of recreation or leisure): (b) People who are lawfully at work in the place– (i) As employees of the person; or (ii) As contractors engaged by the person; or (iii) As subcontractors to a contractor engaged by the person; or (iv) As employees of a contractor or subcontractor to whom subparagraph (ii) or subparagraph (iii). (2) A person who controls a place of work (other than a home occupied by the person) must take all practicable steps to ensure that no hazard that is or arises in the place harms people– (a) Who are in the place of work with the express or implied consent of the person; and (b) Who (i) Have paid the person (directly or indirectly) to be there or to undertake an activity there; or (ii) Are there to undertake activities that include buying or inspecting good from whose sale the person derives or would derive (directly or indirectly) any gain or reward. (3) A person who– (a) Controls a place of work ... Interpretation: 'Person who controls a place of work' in relation to a place of work, means a person who is– (a) The owner, lessee, sublessee, occupier, or person in possession, of the place or any part of it; or (b) The owner, lessee, sublessee, or bailee, of any plant in the place.
Self-employed People	The self-employed have to take all practicable steps to ensure that no action or inaction of their own harms themselves or any other person. For this to occur the self-employed must ensure they have access to facilities on site or close by.
Relevant sections from the Health and Safety in Employment Act 1992	s.17 Duties of self-employed people - Every self-employed person shall take all practicable steps to ensure that no action or inaction of the self-employed person while at work harms the self-employed person or any other person.
Principals	The principal has a duty to ensure that no employee of a contractor or subcontractor or individual is harmed while doing any work. This means that the principal needs to ensure that adequate facilities are available for workers. Using the ground for toileting increases the risk of cross infection, which has the potential to result in serious harm.
Relevant sections from the Health and Safety in Employment Act 1992	s.18 Duties of principals - (1) Every principal shall take all practicable steps to ensure that- (a) No employee of a contractor or subcontractor; and (b) If an individual, no contractor or subcontractor, - is harmed while doing any work (other than residential work) that the contractor was engaged to do. (2) Subsection (1) of this section shall be read subject to section 2(2) of this Act. Interpretation: 'Principal' means a person who or that engages any person (otherwise than as an employee) to do work for gain or reward. 'Residential work', in relation to the occupier of a home, means – (a) Domestic work done or to be done in the home; or (b) Work done or to be done in respect of the home by a person employed or engaged by the occupier solely to do work of one or both of those kinds in relation to the home.
Employees	Employees have to take all practicable steps to ensure that no action or inaction of their own harms themselves or any other person. Therefore it is important that the employer has provided adequate facilities on site or where it may not be practicable to provide certain facilities on a particular site, as the necessary facilities may be available in close proximity, the employer has to ensure that access to such facilities is in such a way that is convenient to the employee.
Relevant sections from the Health and Safety in Employment Act 1992	s.19 Duties of employees - Every employee shall take all practicable steps to ensure – (a) The employee’s safety while at work (including by using suitable protective clothing and suitable protective equipment provided by the employer or, if section 10(4) applies, suitable protective clothing provided by the employee himself or herself); and (b) That no action or inaction of the employee while at work causes harm to any other person.
Planning	The above shows that a number of people have a responsibility for ensuring that facilities are provided or accessible to workers on all construction projects. Therefore communication between parties is paramount for ensuring that adequate and suitable facilities are provided before work commences on any project. The availability of facilities, their location and maintenance need to be considered at the pretender/planning and preparation stages of every construction project. Matters to be considered when planning the welfare provision include: The work to be carried out and the health risks associated with it; The duration and number of different locations; The number of people working at different locations; and The distance from other welfare facilities.
General Requirements	Welfare facilities include toilets, washing facilities, changing and rest areas, drinking water and eating facilities. In addition to the provision of welfare facilities, regular maintenance and cleaning of them will be required. Particularly dirty work hazardous to health, e.g. sewer maintenance, may require the provision of additional washing and changing facilities.
Toilets	Location: Facilities should be as near as practicable to the work but may be off-site if transport is provided. In all cases facilities should not be so remote as to discourage their use by workers. Where the toilet is not connected to a sewerage system, it must be a self-contained portable toilet that is regularly serviced in accordance with the supplier’s information and instructions. Toilets must be kept clean and tidy. To provide an acceptable standard of hygiene and privacy, the toilet must be: Conveniently located and readily accessible to all on-site workers; Soundly constructed of material that can be easily cleaned and is weatherproof; Well lit and well ventilated, either naturally or artificially; Provided with a hinged seat and lid; Provided with a door which can be locked from inside, and outside when no workers are on site; Provided with a well drained floor above ground level which is covered with a durable waterproof material; Provided with a plentifulsupply of toilet paper; and Supplied with soap, water and paper towels. Portable toilets should be set up to remain level and stable under all working conditions. Toilets may be shared if: There is clear agreement between all the parties; The toilets are convenient and readily accessible to the workers on each site; and There is at least one toilet per ten workers. Privy pits (long drops) are still allowed by some local authorities. If a privy pit is to be located on any site, approval has to be obtained in writing from the local authority. The type of construction of the toilet is as above.
Use of Private and Public Facilities	Use of public toilets and washing facilities should be a last resort and not used just because they are the cheaper option! This would not be acceptable where the provision of better facilities on site would be reasonably practicable. Where the construction activity is a long way from central facilities, use of facilities in private premises, such as in cafes, are not considered suitable as permanent alternative arrangements. The use of private facilities or public toilets may be acceptable in limited circumstances, e.g. where there is no alternative and the work is of no more than a few hours duration. Permission, preferably in writing, should be obtained from the proprietor in advance of the work starting. Where public or private toilets are used they need to be readily accessible to the worksite, open at all relevant times, be at no cost to the employee, be of an acceptable standard in terms of cleanliness and have hand-washing facilities. Workers need to be made aware of the arrangements to use them and be informed of their location in advance of the work starting.
Washing Facilities	There should be provided for the use of workers on construction work adequate and suitable facilities for washing. These facilities should include hot water and suitable cleansing agents in any of the following cases: Where workers are exposed to skin contamination from poisonous, infectious, irritating or sensitising substances; Where workers are handling materials that are difficult to wash from the skin with cold water; Where workers are performing work with offensive materials/substances; Where workers have to cleanse the whole body; or Where due to any circumstances mentioned above or where, because a worker has suffered prolonged exposure to excessive heat or cold or is employed for prolonged periods in unusually wet conditions, it is necessary for the worker to cleanse the whole of the body, an adequate number of showers should be provided.
Accommodation for Meals and Shelter	Adequate accommodation should be provided in which workers may take their meal breaks, spend rest periods and shelter from bad weather. Any such accommodation should have a suitable floor, be furnished with suitable seats and tables, and other furniture and equipment as to ensure that meals may be taken with reasonable comfort and security from the weather. A suitable receptacle with a tightly fitting cover should be provided for rubbish, and it should be emptied and cleaned at suitable intervals. Provision should be made for boiling water at meal times and rest periods. A suitable changing room should be provided for persons employed in the work, and adequate and suitable accommodation provided for clothing not worn during working hours. Where workers are subject to wet conditions while at work, a means of drying clothes should be provided.
Drinking Water	A readily accessible and plentiful supply of cool, clean, drinkable water must be available to all workers on the site. The site water tapping, complete with hose bib-tap, should be installed at the earliest opportunity. Where an external hose bib-tap is the drinking water supply source, the surrounding area needs to be drained and kept clear of rubbish and site debris. Where a mains water supply connection is not possible, drinking water may be provided using container marked “Drinking Container”. These containers should be emptied and refilled daily from a wholesome source. Drinking water facilities must be separated from toilet and washing facilities to ensure adequate hygiene.
For More Information	Contact the nearest OSH office.

January 2005	Issued by the Occupational Safety and Health Service, Department of Labour, New Zealand http://www.osh.dol.govt.nz