AN170010 – Building and Construction Industry Award
PART VIII - OCCUPATIONAL HEALTH AND SAFETY, TOOLS AND AMENITIES
38 AMENITIES
DIVISION A – BUILDING WORK
(a) This clause covers the provision of amenities for persons engaged in work within the scope of this award (excluding sub-clause 3(c) Civil Construction and Maintenance Work) including:
● General provisions
● Change rooms
● Meal rooms
● Toilets and sanitation
● Washing
● Showers
● Safe keeping of tools and personal belongings
(b) Consultation
The principal contractor, the contractor, self-employed persons, employers, employees and their Unions are to consult with each other regarding requirements of this clause prior to commencement of site work, where requested by the principal contractor.
(c) Establishing What is Reasonably Practicable
The provision of workplace amenities that are reasonable or reasonably practical (referred to in the table in (g)) shall take into account the following:
● the type of workplace
● the location of the workplace
● the nature of the work done
● the number of workers on a site
● the distance from the workplace to the nearest available and appropriate amenities
● the time required to access the amenities
● the availability of power and services
(d) Planning and Preparation
(i) Planning by the Principal Contractor
The principal contractor, as an employer or person in control has a statutory duty under the Workplace Health and Safety Act 1995 to provide and maintain, so far as is reasonably practicable a workplace that is safe and without risks to health for their employees and any other person present at the workplace, or affected by the work in relation to those matters over which he or she has control.
To fulfil these obligations the principal contractor is to plan for the provision of amenities. The minimum level of amenities required will depend on the type of workplace.
(ii) Workplaces are divided into four types. (The provision of amenities for each type of workplace is outlined in (g) Table - Amenities for Various Workplaces):
Type 1 - Major building construction
This is usually of fixed location where there are more than 10 persons working for the duration of work which is more than six consecutive weeks. For example, commercial building, engineering construction and multiple residential construction. For housing construction see Type 4.
Type 2 - Minor building construction
This is usually of fixed location where there are less than 10 persons, working for the duration of work which is less than six consecutive weeks. For example, commercial building, engineering construction and multiple residential construction. For housing construction see Type 4.
Type 3 - Building alterations (with access to amenities)
This is usually of fixed location with reasonable access to existing building amenities such as major and minor fit-outs, alterations and extensions.
Type 4 - House construction (see definition of house)
A workplace where workers carry out construction of, or major alterations to a house.
(e) General Provisions for All Workplaces
At the planning stage of each building construction project, the principal contractor responsible for amenities on site is to plan for the following:
(i) The provision of the type of amenities required as determined by the type of workplace (see (g) Table - Amenities for Various Workplaces.
(ii) The safe and convenient location of amenities required.
(iii) Where they are required enclosed amenities are to:
(iv) All amenities are to be kept clean and sanitary. (Surfaces should be finished to allow for regular and easy cleaning.)
(v) An adequate supply of cleaning equipment and accessories, such as soap, hand drying facility, toilet paper, cleaning agents, mops, brooms etc should be made available.
(vi) Amenities should not be used for the storage of any building materials or equipment, with the exception of employees' personal work tools and protective equipment.
(vii) Adequate lighting (natural and/or artificial) should be provided for safe access to amenities.
(viii) Where change rooms and meal rooms are provided, they are to be separate or separated by an internal wall.
(f) Types of Amenities
Refer to Table in (g) - Amenities for Various Workplaces to determine what amenities should be provided for workplace Types 1 - 4.
For Type 1 workplaces only, all amenities covered in this section should be provided. For workplace Types 2, 3 and 4 refer to the Table in (g) to determine which amenities should be provided.
(i) Change Rooms
(1) Change rooms should be provided where it is reasonably practical and the type of work or location of work necessitates that employees change their clothes.
(2) Change rooms should be for the exclusive use of persons engaged on site.
(3) The change room area should have a minimum floor area of 0.5 square metre for each person changing clothes at any one time. The floor area includes bench seating, but excludes floor occupied by furniture, fittings, fixed storage space, or any other permanently fixed items.
(4) Suitable bench seating in all change rooms at least 400mm wide and 460mm in length for each person using the room at any one time.
(5) Adequate numbers of secure hooks should be provided for hanging clothes and be spaced at least 460mm apart. Where appropriate to the type of work being performed, additional hooks for hanging up personal work tools should be provided.
(6) Change rooms with suitable enclosures or compartments for privacy should be provided where both males and females are employed on the site.
(ii) Meal Rooms
(1) Adequate numbers of suitable tables and seating shall be provided for eating meals.
(2) The floor area provided should be at the rate of at least one square metre of floor space for each person using the room at any one time. This space includes space occupied by any tables, seating, refrigerator and sink.
(3) Seating may be individual chairs for each person or bench seating appropriate to the number of persons using the room at any one time.
(4) Tables of sturdy construction should be provided and of a length calculated at 560mm for each person using the facility at any one time.
(5) Meal rooms should have adequate means of cooling or heating, such as:
(6) A refrigerator(s) of adequate size should be provided in each meal room to store perishable foods for all persons using the meal room.
(7) An adequate supply of boiling water for hot drinks should be provided.
(8) Food warming facilities of adequate size should be provided in each meal room.
(9) A sink unit of adequate size, with a supply of clean water, should be provided in each meal room.
(10) A suitable space or shelves for storage of employees' provisions should be provided such as for utensils and food.
(11) Garbage bins, with removable liners and secure lids should be provided. Bins should be emptied weekly or more frequently if required.
(iii) Toilets
(1) Toilets are to be clearly marked where separate toilets are provided for males and females.
(2) Where urinals are provided for males, provide toilets at a ratio of at least one for each 20 persons or fraction of 20 persons.
(3) Where no urinals are provided for males, provide toilets at a ratio of at least one for each 15 persons or fraction of 15 persons.
(4) The number of toilets provided for females should be at a ratio of at least one for each 10 persons or fraction of 10 persons.
(5) Toilets and urinals should be installed so as to provide adequate privacy.
(6) Toilets are to be connected to the sewer where reasonably practical.
(7) If connection to a sewer is not practicable self-contained freshwater flushing or open closet portable toilets are to be provided.
(8) Toilets that are not connected to a sewer are to be serviced at least once every two weeks for a toilet used by up to five persons, or at least once every week for a toilet used by more than five persons.
(9) Toilet facilities should be installed to prevent any odours reaching dining facilities.
(10) Portable toilets are to be installed to prevent them toppling over.
(11) Toilets should be located as close as practicable to the workplace and/or amenities.
(12) Toilets should be soundly constructed single units, or separated by partitions of strong construction at least 1.5m in height, with internal measurements of at least 1400mm long X 850mm wide and 2.2m high. Each toilet should be weatherproof and provided with adequate natural/ artificial lighting and ventilation. The internal measurements for portable toilets should be at least 1.05 square metres in area and 1.9 metres high.
(13) Each toilet should be fitted with hinged seat and lid and hinged door. The door should be capable of being fastened from the inside.
(14) Each toilet should be well drained and have a floor constructed of, or covered with, a durable waterproof material.
(15) Sanitary disposal units for female use should be provided, where required, and serviced regularly.
(iv) Washing Facilities
(1) Washing facilities within or adjacent to each toilet or urinal are to be provided.
(2) Clean water and cleansing agents (and disinfecting agents where appropriate) are to be provided for the purposes of washing.
(3) Basins or wash trough points should be provided with water, and hot water where practicable, at the rate of at least one for each 10 persons or fraction of 10 persons.
(4) Water taps over a trough should be at least 500mm apart.
(5) Adequate number of mirrors should be provided at convenient points.
(6) Garbage bins, with removable liners and secure lids are to be provided. Bins should be emptied weekly or more frequently if required.
(v) Showers
(1) Shower facilities should be provided where required by the type of work being done and where it is reasonably practical to provide the facilities.
(2) When required, a minimum of one shower for each project should be provided and at the rate of at least one for each 25 persons or fraction of 25 persons. A higher ratio should be provided for work such as demolition, tunnelling or work of a dirty nature.
(3) Separate shower facilities should be provided with adequate privacy for the exclusive use of male or females, where both males and females are employed.
(4) Each shower cubicle should have a shower curtain or door, soap holder, and hot and cold water.
(5) Shower facilities are to have non-slip flooring throughout.
(6) Bench seating at least 400mm wide and at least 460mm in length for each shower adjacent to each group of showers should be provided.
(7) At least one hook or peg for hanging clothes (for each shower cubicle) should be provided.
(vi) Drinking Water
(1) An adequate supply of drinkable water is to be available on work sites.
(2) Where a connection to a water supply is not reasonably practicable, supply will be provided by other means suitable for dispensing drinking water.
(vii) Facilities for the Safe Keeping of Tools and Personal Belongings
(1) A space should be provided for employees to bring hand tools inside amenity sheds during breaks/change times.
(2) Hooks or pegs (not nails) should be provided to enable hand tools to be kept off the floor. These should be in addition to hooks provided for clothes.
(g) Table - Amenities for Various Workplaces
The following table summarises the amenities required for each type of workplace.
Type of workplace |
Type 1 Major building construction |
Type 2 Minor building construction |
Type 3 Building alterations (with access to amenities) |
Type 4 House construction |
General provisions |
Provide as in (e) |
Provide as in (e) |
Provide as in (e) |
Provide as in (e) |
Change rooms |
Provide as in (f)(i) |
Provide change rooms if required by the type of work or as determined to be reasonably practicable. Alternatively, provide mobile amenities, eg. A caravan. |
||
Meal rooms |
Provide as in (f)(ii) |
Provide reasonable access to a meal facility if no existing dining facilities are close by. |
Provide access to existing facilities. |
Provide reasonable access to a meal facility. Alternatively, provide mobile amenities, eg. A caravan. |
Toilets |
Provide as in (f)(iii) |
Provide access to at least one sewered, septic or portable toilet as specified in (f)(iii). |
Provided access to existing facilities. |
Provide access to toilet(s), or provide portable toilet(s) as specified in (f)(iii). |
Washing/showers |
Provide as in (f)(iv), (f)(v) |
Provide access to hand washing and shower facilities where the work requires and where it is reasonably practical to provide. |
Provide access to existing facilities. |
Provide or arrange access to hand washing facilities. |
Drinking water |
Provide as in (f)(vi) |
Provide as in (f)(vi) |
Provide as in (f)(vi) |
Provide as in (f)(vi) |
(h) Definitions
For the purposes of this sub-clause, the following definitions have application.
‘Employee’ means an individual who works under a contract of employment or apprenticeship.
‘Employer’ means a corporation which, or an individual who, employs persons under contracts of employment or apprenticeship.
‘Principal contractor’ means the person with overall responsibility for the construction work and includes the owner builder. Depending on the contractual arrangements which are in place, the principal contractor may be an employer, self-employed person or a person in control within the terms of the Workplace Health and Safety Act 1995.
‘Self-employed person’ means a person who works for gain or reward but not under a contract of employment or apprenticeship, whether or not they employ others.
‘Multi-storey unit blocks’ means where more than 4 units are being constructed on more than 1 level.
‘House’ means:
a building other than multi-storey unit blocks that must be indemnified in accordance with the Housing Indemnity Act 1992 and Housing Indemnity Regulations 1993.
DIVISION B – CIVIL CONSTRUCTION & MAINTENANCE WORK
(a) Suitable Alternative Facilities
On mobile or short term work the requirements of this clause shall be satisfied where suitable alternative facilities such as public amenities are available for use by employees within reasonable proximity to the place of work.
(b) Meal, Clothing and Shelter Facilities
Provision of Facilities
(i) At any work site the employer shall ensure that facilities are provided for shelter from inclement weather, changing, protection of clothing and eating of meals. Attention should be given at the planning stage to the location of facilities so as to ensure minimum disruption to the operations of the site.
(ii) These facilities shall not be used for storage of materials or for any purpose other than that described.
(iii) Enclosure for the facilities shall be of sound construction, weatherproof, and shall have:
(1) a floor above ground level, or be situated and constructed so as to prevent flooding;
(2) a lined ceiling and walls;
(3) adequate ventilation and lighting;
(4) sufficient windows fitted with fly screens; and
(5) washable vinyl floor surfaces.
(iv) The facilities shall be of sufficient area to provide not less than 0.75 of a square metre of floor area, exclusive of benches with sinks and refrigerators, for each person working on the site at any one time and in no case shall be:
(1) less than 4.65 square metres where there are four or less employees; or
(2) less than 9 square metres where five or more employees are working at any one time and it appears that the work will take at least two weeks to complete; and
(3) not less than 1.0 square metre for each person working on the site where more than 20 employees are working at any one time, and accommodation for eating of meals is not provided separately from accommodation for other purposes.
(c) Clothes and Changing Facilities
The facilities shall include:
(i) adequate secure facilities for hanging employees' clothing;
(ii) adequate facilities for drying clothes if requested by employees; and
(iii) changing facilities where the nature of the work performed requires the employee to change clothes;
(iv) separate changing facilities shall be mandatory where 15 or more employees are working at any time on the site. A clear space of not less than 0.5 of a square metre for each person changing clothes at any one time shall be allowed in calculating the size of the changing facility required. This space shall be in addition to that required for lockers or other facilities. Heating such as strip heaters shall be provided if requested by employees;
(v) where both males and females are employed at the site and separate changing facilities are not provided, changing rooms with enclosures or compartments that can reasonably and with privacy be used by persons of either sex shall be provided;
(vi) a suitable bench or seat shall be provided to accommodate employees' personal belongings. These facilities shall be locked and supervised during working hours.
(d) Dining Facilities
(i) Adequate facilities for taking meals, including sufficient tables and chairs and facilities for warming food shall be provided.
(ii) Facilities shall also be provided for an adequate supply of boiling water at meal times and rest periods.
(iii) Separate vermin proof containers shall be provided for the storage of food and rubbish.
(e) Drinking Water
(i) A supply of drinking water shall be available at the workplace. The water shall be cool, clean and drinkable. The facility shall be separate from sanitary and hand washing facilities.
(ii) Where a connection to a water supply is not possible, supply may be provided by other means such as a flask, cooled drink dispenser or waterbag. The most appropriate method should be selected.
(iii) Drinking points shall be placed where they will service most people requiring them. The employer shall provide additional drinking points near hot or strenuous work stations, such as exposed form work decks.
(iv) Drinking water should be readily accessible to any employee working on the site.
(f) Washing Facilities
(i) Where there is a risk of contact with harmful substances, an immediately accessible eye bath shall be provided. Where the nature of the operation involves a risk that requires it, a drench shower shall be provided.
(ii) Mirrors should be provided and located in a position convenient to the employees using wash rooms.
(iii) Adequate personal drying facilities shall be supplied with hand washing facilities. Soap or cleaning agents shall be provided.
(g) Showers
(i) Principal contractors should consider providing showers on major sites where the nature of the work causes the workers to require a shower, such as where processes are particularly dusty or hazardous. The number of showers should be determined having regard to the number of workers involved in those work processes who require showers at any one time. Portable shower units should be provided to service areas remote from fixed facilities.
(ii) Soap, or a cleaning agent shall be provided with shower facilities. Any cleaning agent provided for employees should be of a type that will safely remove any unwanted substance with which an employee may come into contact.
Industrial solvents or substances which may be injurious to health or well-being shall not be provided for washing.
(h) Sanitary Facilities
(i) (1) The employer shall ensure that sanitary facilities are provided at each site.
(2) The facilities shall comprise closets, urinals, and where females are employed, sanitary disposal units.
(3) The facilities should be connected to a sewerage system.
(4) Where it is not practicable to connect the sanitary facilities to a sewerage system, flushing chemical toilets or an equivalent should be used, for example portable water seal toilets.
(5) The provision of pan type closets or straight drop toilets should be avoided.
(6) Closets should be soundly constructed, weatherproof and be provided with adequate lighting and ventilation.
(7) Each closet should be well drained and should have a floor constructed of, or covered with, a durable impervious material and situated at least 75 millimetres above the surrounding ground level.
(8) Each closet should be provided with lift seats and flaps, toilet paper and have a hinged door capable of being fastened from the inside when shut.
(9) Each closet and urinal should be washed with disinfectant at least daily and should generally be kept in a clean and tidy condition.
(10) Sanitary disposal units should be regularly serviced.
(ii) Sanitary facilities should be located so as to be conveniently accessible to employees working on the site, but not so close to the work location as to cause a nuisance to those employees.
(iii) The number of closets and urinals to be provided should be in accordance with the following scale:
Where not more than 100 employees are working at the site at any one time:
Employees |
No. of Closets |
No. of Urinals |
1 - 5 |
1 |
0 |
6 - 10 |
1 |
1 |
11 - 20 |
2 |
2 |
21 - 35 |
3 |
4 |
36 - 50 |
4 |
6 |
51 - 75 |
5 |
7 |
76 - 100 |
6 |
8 |
Note: For the purpose of this formula a closet can be substituted in place of a urinal.
(iv) Where more than 100 but not more than 200 persons are employed on the site at any one time, the number of closets and urinals required to be provided for each additional 20 persons, is one additional closet and one additional urinal; and
(v) Where more than 200 persons are employed on the site at any one time, the number of closets and urinals required to be provided, is one additional closet and one additional urinal for each 35 additional persons.
(vi) Where a slab urinal is provided, each 600 millimetres can be regarded as one urinal.
(vii) (1) Where both males and females are employed at the site and the total number of employees exceeds 10, separate sanitary facilities should be provided. In the case of toilets for female use, the allocation for urinals should be replaced by closets and at least one in three closets should be provided with a sanitary disposal unit.
(2) Where both males and females are employed at a site and the total number of employees does not exceed 10, there may be a facility for use by males and females provided that the closet can reasonably and with privacy be used by persons of either sex; and the closet contains a sanitary disposal unit.
(i) Other Facilities
Where the employee is required to change clothes and wear special protective clothing to work with toxic or dangerous substances, an appropriate facility for decontamination, separate from other sanitary and washing accommodation, should be provided. In these cases change room facilities should be duplicated, and storage provided for protective clothing in one room and for personal clothing in the other. Protective clothing and personal clothing should not come into contact with each other or be stored in the same facilities. Protective clothing and work clothing which has become wet by the process of decontamination should be stored in a separate, well-ventilated area.
(j) Cleanliness
(i) The employer shall ensure that the workplace is maintained in a clean condition.
(ii) Regular cleaning shall be undertaken to ensure that:
(1) refuse and waste is removed at least daily from floors, stairways and passageways;
(2) the floors of dining rooms and dining areas are cleaned daily and washed and disinfected at least once a week, and dining tables are wiped down after each meal period;
(3) change rooms are cleaned at least once each day and washed down and disinfected at least once a week; and
(4) any showers, sanitary and washing accommodation are sanitised each day they are used.