Ontario’s Bill 190, Working for Workers Five Act, 2024, amended the Occupational Health and Safety Act (OHSA) to add new washroom facility-related requirements for employers and constructors on construction projects. Specifically, these covered entities must ensure that any washroom facility they provide for workers are maintained in a clean and sanitary condition, and that they keep, maintain, and make available records of the washroom facility’s cleaning. This amendment will come into force on July 1, 2025. 

On November 29, 2024, Ontario filed the following clarifying regulations, which will come into force on January 1, 2026:

Regulation 480/24 – Washroom Facilities – Records of Cleaning (Regulation #1)

Regulation #1 clarifies that an employer and constructor can meet their obligation to make washroom cleaning records available by ensuring that:

• the record is posted in a conspicuous place in or near the washroom facility to which the record pertains where it is likely to come to the attention of workers; or
• the record is posted electronically where it can be accessed by workers, and workers are provided with direction on where and how to access the record.

Regulation #1 also provides that this record must include the date and time of the two most recent cleanings of the washroom facility.

Regulation 482/24 – Washroom Facilities – Construction Projects (Regulation #2)

Regulation #2 amends O. Reg. 213/91 (Construction Projects) under OHSA by revoking s. 29(12) and substituting a new s. 29(12).  The new s. 29(12) requires a constructor to keep a record of the servicing, cleaning and sanitizing services of any toilet, urinal, and clean-up facilities. It also stipulates this record must include the date of all services for the past six months or the duration of the project, whichever is shorter. 

Accordingly, effective January 1, 2026, a constructor will be required to satisfy its obligations under both Regulation #1 and Regulation #2.

Bottom Line for Employers & Constructors

Now that in-force dates are known and regulations have been published, employers are encouraged to review and amend their workplace policies and procedures, and constructors on a construction project are encouraged to review and amend their policies and procedures for project sites, to satisfy their upcoming washroom facility cleaning and recordkeeping obligations under OHSA (effective July 1, 2025), and their upcoming posting and recordkeeping obligations under Regulation #1 (effective January 1, 2026). 

Constructors are also encouraged to review and amend their policies and procedures for construction project sites to satisfy their recordkeeping obligations under Regulation #2 (effective January 1, 2026).

By amending their policies and procedures now, employers and constructors will already be compliant when their upcoming obligations become effective.