Queensland Consolidated Regulations

WORK HEALTH AND SAFETY REGULATION 2011 - SCHEDULE 5A

SCHEDULE 5A – Principal contractors—particular amenities for construction work

Part 1 - Definitions for schedule 5A

1 Definitions

In this schedule—

"construction person" means a principal contractor or worker who is performing construction work.

"reasonably available" , to a person, in relation to an amenity, means—

(a) available at a location reasonably convenient to the person; and

(b) the person’s use of the amenity is not unreasonably restricted.

Part 2 - Toilets

2 Toilets

(1) The principal contractor for construction work must ensure that toilets complying with this part are reasonably available to each construction person.

Examples of toilets that are reasonably available—

• toilets located within the site compound boundary

• toilets located within the boundary of the workplace where the construction work is being performed

Penalty—

Maximum penalty—20 penalty units.

(2) There must be at least 1 toilet for each 15, or part of 15, construction persons.

Examples—

• For 1 to 15 construction persons, there must be at least 1 toilet.

• For 20 construction persons, there must be at least 1 toilet for the first 15 construction persons plus at least 1 toilet for the other 5, making a total of at least 2 toilets.

(3) If the workplace includes at least 4 levels of a structure that is a building (not counting ground level), a toilet is, for section 1 , definition reasonably available , paragraph (a) , at a location reasonably convenient to each construction person only if there is at least 1 toilet on at least each of the following levels of the building—

(a) ground level;

(b) the fourth level (not counting ground level);

(c) each third level after that fourth level.

Example—

For a workplace that includes ground level and levels 1 to 10 of a structure that is a building, there must be at least 1 toilet on ground level, level 4, level 7 and level 10.

(4) Subsection (3) does not limit subsection (2) .

3 When toilet must be connected toilet or portable toilet

(1) If there are less than 15 construction persons, the toilet must be a connected toilet or a portable toilet.

(2) If there are at least 15 construction persons, each toilet must be—

(a) if a sewerage or septic connection is available—a connected toilet; or

(b) otherwise—a portable toilet.

(3) However, if—

(a) a portable toilet is made available under subsection (1) ; and

(b) a sewerage or septic connection becomes available;

the portable toilet must be replaced by a connected toilet complying with this part within 2 weeks after the first time that there are at least 15 construction persons after the connection becomes available.

(4) Despite subsection (2) (b) , if—

(a) a portable toilet is made available under subsection (2) (b) ; and

(b) a sewerage or septic connection becomes available;

the portable toilet must be replaced by a connected toilet complying with this part within 2 weeks after the connection becomes available.

(5) In this section—

"connected toilet" means a toilet that—

(a) is connected to a sewerage or septic system; or

(b) is a pump-out holding tank storage type system.

"portable toilet" means a toilet that can be moved, and provides for tanked waste.

4 Privacy, ventilation and toilet paper

(1) Each toilet must be located—

(a) in a position that gives privacy; and

(b) in a cubicle, or room, that—

(i) is fitted with a door that gives privacy and is lockable from inside the cubicle or room; and

(ii) is constantly supplied with fresh air from openings to the outside air or from mechanical ventilation.

(2) Each toilet made available to a female construction person must—

(a) have facilities to dispose of sanitary items for females; and

(b) be separated from urinals so that no urinal can be seen by her.

Examples—

• locating a toilet for females in a separate room from urinals

• putting a screen between urinals and a toilet for females

(3) Each toilet may be a unisex toilet.

(4) Each toilet must have an adequate supply of toilet paper.

Part 3 - Other amenities

5 Room, or sheltered area, to eat meals in

(1) The principal contractor for construction work must ensure that a room, or sheltered area, to eat meals and take breaks in is reasonably available to each construction person.

Penalty—

Maximum penalty—20 penalty units.

(2) The room or sheltered area must—

(a) be hygienic and separated from work activity that exposes or is likely to expose a construction person to a health or safety risk; and

(b) if there are at least 15 construction persons—

(i) have adequate space and seating for the maximum number of construction persons likely to use the room or sheltered area at the one time; and

(ii) have appropriate facilities for washing and storing utensils, boiling water, and storing food in a cool place.

6 Hands and face washing facilities

(1) The principal contractor for construction work must ensure the following facilities are reasonably available to each construction person—

(a) adequate clean water for washing the hands and face;

(b) an appropriate facility for supplying the water.

Examples of an appropriate facility—

• a hose at a housing construction site

• a water container with a tap at a road construction site

• a washbasin included with a portable toilet or connected toilet at a high rise building construction site

Penalty—

Maximum penalty—20 penalty units.

(2) However, the facilities must not be unisex facilities that are located inside a toilet block, room or cubicle (
"toilets" ), unless the toilets are unisex toilets.

7 Drinking water

(1) The principal contractor for construction work must ensure that an adequate supply of potable, clean and cool drinking water is reasonably available to each construction person.

Examples of a supply of water that, for section 1, definition reasonably available, paragraph (a), is at a location reasonably convenient to the construction person—

• a supply located within 30m of where the construction person is working on a single level building

• a supply located on the ground level and then every second level of a high rise building being built

Penalty—

Maximum penalty—20 penalty units.

(2) The supply of water must not be located in toilets.

Example of toilets—

a toilet block or a cubicle used as a toilet

(3) If the water is made available in a container, the construction person must be able to drink the water without having to drink directly from the same container as someone else.

(4) This section does not prevent the supply of water also being made available under section 6 for hands and face washing.