In
this schedule—
"construction person" , in relation to a construction project, means a
principal contractor or worker who is performing construction work for the
project.
"designated female toilet" means a toilet designated for use only by female
construction persons.
"female construction person" means a construction person who is female or
identifies as a female.
"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.
(1) For section 1 , definition reasonably available , whether a toilet is reasonably available to a construction person must be decided having regard to all relevant circumstances.Examples of toilets that, for section 1, definition reasonably available, paragraph (a), may be at a location reasonably convenient to the construction person—1 For construction persons working on a single level building, toilets are located within 100m of where the construction work is being performed.2 For construction persons working on a construction site for a road or a solar or wind farm, toilets are located within—(a) 200m of where the construction work is being performed; or(b) if the construction person has immediate access to a vehicle—a 2-kilometre trip by the vehicle from where the construction work is being performed.
(2) Also, whether a designated female toilet is reasonably available to a female construction person must be decided with a view to ensuring the needs of female construction persons are met, having regard to the workplace and the work and composition of workers at the workplace.Example for subsection (2)—If a workplace is significantly large, or has a large proportion of female construction persons, the principal contractor may decide that additional designated female toilets must be provided to ensure there are enough designated female toilets at locations that are reasonably convenient to the female construction persons at the workplace.
(3) Sections 2B , 2C , 2D and 2E state minimum requirements for complying with section 2A .
(4) However, the principal contractor for a construction project does not necessarily comply with section 2A only because the principal contractor has complied with sections 2B , 2C , 2D and 2E .
The principal contractor for a construction project must ensure that toilets complying with division 2 are reasonably available to each construction person.
Penalty—Maximum penalty—20 penalty units.
(1) There must be at least 1 toilet for each 15, or part of 15, construction persons.
(2) For a large construction project, there must be at least 1 designated female toilet, in addition to the toilets mentioned in subsection (1) , for each 100, or part of 100, construction persons.Examples of minimum number of toilets for large construction projects—1 If there are 1 to 15 construction persons for the large construction project, there must be—(a) at least 1 toilet; and(b) at least 1 designated female toilet in addition to the toilet mentioned in paragraph (a) .2 If there are 120 construction persons for the large construction project, there must be—(a) at least 8 toilets; and(b) at least 2 designated female toilets in addition to the toilets mentioned in paragraph (a) .
(3) For a small construction project with more than 15 construction persons, there must be at least 1 designated female toilet, in addition to the toilets mentioned in subsection (1) , for each 100, or part of 100, construction persons.Examples of minimum number of toilets for small construction projects—1 If there are 1 to 15 construction persons for the small construction project—(a) there must be at least 1 toilet; and(b) no designated female toilet is required.2 If there are 20 construction persons for the small construction project, there must be—(a) at least 2 toilets; and(b) at least 1 designated female toilet in addition to the toilets mentioned in paragraph (a) .
(4) In this section—
"large construction project" means a construction project where the cost of the construction work is $7.5m or more.
"small construction project" means a construction project where the cost of the construction work is less than $7.5m.
(1) This section applies if the workplace for a construction project includes at least 4 levels of a structure that is a building (not counting ground level).
(2) There must be at least 1 toilet and 1 designated female toilet on at least each of the following levels of the building—(a) ground level;(b) the fourth level above ground (not counting ground level);(c) each third level after the fourth level mentioned in paragraph (b) ;(d) the fourth level below ground (not counting ground level);(e) each third level below the fourth level mentioned in paragraph (d) .Example—If the workplace for a construction project includes levels 1 to 4 below ground, ground level and levels 1 to 10 above ground of a structure that is a building, there must be at least 1 toilet and 1 designated female toilet on level 4 below ground, ground level and levels 4, 7 and 10 above ground.
(3) Subsection (2) —(a) applies even if the minimum number of toilets or designated female toilets required under that subsection is higher than the minimum number of toilets or designated female toilets required under section 2B ; and(b) does not otherwise affect the minimum number of toilets or designated female toilets required under section 2B .
(1) A standalone designated female toilet must, so far as is reasonably practicable, be located in close proximity to a standalone non-designated toilet.
(2) A block or room of designated female toilets must, so far as is reasonably practicable, be located in close proximity to a block or room of non-designated toilets.
(3) In this section—
"non-designated toilet" means a toilet other than a designated female toilet.
"standalone" , for a toilet, means a toilet that is not in a block or room.
(1) A designated female toilet must have a sign attached to the block, room or cubicle in which the toilet is located identifying the toilet as a designated female toilet.
(2) Access to a designated female toilet must be restricted so that the toilet can only be used by female construction persons.Example for subsection (2)—A designated female toilet may be fitted with a lock that opens with a code that is given to female construction persons but is not given to other construction persons.
(1) If there are less than 15 construction persons, each 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 division 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 division within 2 weeks after the connection becomes available.
(5) A portable toilet made available under this section must be—(a) located in a secure place with safe access; and(b) installed so that the toilet can not fall over or become unstable.
(6) 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.
(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) be accessible by the female construction person without entering a block or room with a cubicle or urinal that may be used by a male construction person; and(b) have facilities complying with section 6 for washing the hands and face—(i) inside the block, room or cubicle in which the toilet is located; or(ii) immediately adjacent to the block, room or cubicle; and(c) have a sanitary bin immediately adjacent to the toilet.
(3) Each toilet must have an adequate supply of toilet paper.
(4) In this section—
"sanitary bin" means a facility designed for the purpose of disposing of sanitary items for females.
Each toilet must—
(a) have a hinged seat and lid; and
(b) have appropriate natural or other lighting; and
(c) be in a block, room or cubicle that can be accessed in an emergency.
(1) The principal contractor for a construction project 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.
The principal contractor for a construction project must ensure the following facilities are reasonably available to each construction person—(a) adequate soap and clean water for washing the hands and face;(b) an appropriate facility for supplying the water;Examples of an appropriate facility—• a tap 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(c) an appropriate way for drying the hands;Examples of an appropriate way—a hand dryer, paper towels(d) a bin.Penalty—Maximum penalty—20 penalty units.
(1) The principal contractor for a construction project 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 builtPenalty—Maximum penalty—20 penalty units.
(2) The supply of water must not be located in a block, room or cubicle in which a toilet is located.
(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.