Onsite welfare provision - are you at risk of an improvement notice?

Welfare provision is a basic legal requirement for all workplaces, and one that is often overlooked or underinvested in. Failure to provide adequate welfare facilities can result in enforcement action from the HSE, including improvement notices and, in the most serious cases, prohibition notices.

In this blog, we look at the minimum welfare provision required by law and the steps you should take to ensure compliance.

What does the law require?

The Workplace (Health, Safety and Welfare) Regulations 1992 set out the minimum welfare provision required for all workplaces. These include:

• Sanitary conveniences: Sufficient toilets must be provided for the number of people at work. Separate facilities must be provided for men and women, unless each toilet is in a separate room with a lockable door. As a guide, the minimum provision for female employees is 1 toilet per 1-25 women, with additional toilets required for larger numbers. The same ratio applies for male employees for urinals. For males, fewer WCs are required where urinals are also provided.
• Washing facilities: Washing facilities, including at least one wash-basin with hot and cold running water, soap, and a means to dry hands, must be provided near to sanitary conveniences and changing rooms.
• Drinking water: A sufficient supply of wholesome drinking water must be provided for all employees at work, together with suitable cups or other drinking vessels.
• Accommodation for clothing: Accommodation must be provided for employees' own clothing not worn during working hours and for special clothing worn at work but not taken home.
• Facilities for rest and eating meals: Suitable and sufficient facilities must be provided for employees to rest and eat meals. These facilities should include seating with backs and should be located away from where employees may be exposed to harmful substances.

Common welfare deficiencies

In our experience, the most common welfare deficiencies found in builders merchant premises include:

• Insufficient number of toilets for the number of employees
• Inadequate or poorly maintained hand-washing facilities
• Lack of suitable rest facilities
• Inadequate storage for personal protective equipment (PPE) and work clothing
• Poorly maintained welfare facilities

How to ensure compliance

To ensure compliance with the welfare requirements of the Workplace Regulations, you should:

• Review your current welfare provision against the requirements of the Regulations, taking into account the number and gender of employees and contractors who use your premises.
• Identify any gaps and develop an action plan to address them.
• Implement a regular maintenance and cleaning schedule for your welfare facilities.
• Keep records of your welfare provision reviews and any actions taken.