Whether a construction project lasts for one day or one year, the law requires the employer provide adequate welfare facilities for its workers. We explore what those facilities are, and why simple things such as break rooms and toilets can make all the difference to a construction project’s success.

What facilities are required on construction sites by law?

Welfare facilities, such as toilets, washrooms, and breakrooms, are a legal requirement under the Workplace (Health, Safety and Welfare) Regulations 1992, regardless of the type of workplace. Construction workers are, therefore, as entitled to facilities as office staff.

According to the HSE: “Welfare facilities are those that are necessary for the wellbeing of your employees, such as washing, toilet, rest, and changing facilities, and somewhere clean to eat and drink during breaks.”

It is not enough to simply provide these facilities, however. They must meet the specific needs of the workforce in both quality and quantity, including aspects such as lighting, cleanliness, ventilation, and security.

The construction industry is also subject to additional regulations concerning welfare facilities, which are set out under Schedule 2 of The Construction (Design and Management) Regulations 2015 (CDM Regs). The five key aspects of welfare that all sites must have in some form, regardless of the size, type or duration of a project are set out below:

  1. Sanitary conveniences: These must be “adequately ventilated and lit” and “kept in a clean and orderly condition.”
  2. Washing facilities: Depending on the nature of the work, this may include showers as well as sinks. Washing facilities must be “in the immediate vicinity of every sanitary convenience” and include clean hot and cold water, soap, and towels.
  3. Drinking water: This must be available in “readily accessible and suitable places”, along with cups. In some cases, it may be necessary to provide signs indicating which water supplies are potable.
  4. Changing rooms and lockers: These must be provided if workers wear special clothing and cannot be expected to change elsewhere “for reasons of health or propriety.” Any changing facilities must have seating and secure areas for storing clothing and personal items, such as lockers.
  5. Facilities for rest: These must be “equipped with an adequate number of tables and adequate seating with backs” and come with facilities for preparing and consuming food and drink.

Why are welfare facilities so important in the construction industry?

Providing adequate welfare facilities on construction sites is an additional form of risk management, as well as a human welfare consideration. Construction work is labour intensive, with people active and on their feet for long periods of time. Accidents and injuries are more likely to occur when people are tired or fatigued.

According to the Royal Society for the Prevention of Accidents (RoSPA), worker fatigue is a “major but under-recognised hazard in the workplace.” 

In its position statement on ‘Fatigue and Work’, it says: “Fatigue can contribute to accidents and unplanned events by adversely affecting motivation, vigilance/ monitoring, reaction times, sustained attention, visual tracking, logical reasoning and calculation, encoding and decoding of information, memory, communication, multi-tasking and complex decision-making.

“Cumulative fatigue is a significant risk factor not only in front-line safety critical work but also in many other tasks which, if performed poorly, can result in latent safety problems.”

This is particularly important considering that the construction sector consistently has one of the highest number of recorded fatalities in Great Britain.

What are the specific considerations for welfare facilities on construction sites?

By their nature, construction sites present greater challenges for employers when identifying and providing welfare facilities.

Unlike static spaces such as offices, the layout of a construction site can be constantly changing as work progresses. This often necessitates the removal and relocation of facilities to areas that are more easily accessible or that present less risk to those who use them.

Depending on the nature of the work, it may also be less straightforward to connect to utilities such as running water or electricity, particularly if the site is based in a remote location. Options with water tanks, generators and solar panels are now available and widely used.

Welfare facilities should be considered in the design, planning, and risk assessment stages of a project. Before work begins, site teams should understand the type of welfare facilities provided, where these will be located, and how this may change as construction work progresses.

Are you and your sites compliant with the minimum welfare facility requirements?

Should you find yourself or your business being investigated by the HSE for a breach of the CDM Regs 2015, our specialist team can provide assistance. We are also able to provide training in relation to compliance with the CDM Regs, minimum welfare facilities, general site controls and much more. If you are interested in any training sessions for your business, please do not hesitate to get in contact.