Hi Renata -
Members of my DWG work one day a week at a temporary location in a public setting. How do we go about having fresh drinking water and toilet facilities provided at that location?
Your employer has a duty under s.21(2)(d) of the OHS Act to provide adequate facilities for the use of employees, regardless of where they are working.
So, what does ‘adequate facilities’ mean? We have an overview of the topic on our Toilet facilities - what should workplaces have? - OHS Reps page. There are clear requirements around numbers of toilets and what must be equipped in toilet facilities.
The Compliance code: Workplace facilities and the working environment also tells employers that they need to ensure that mobile, temporary and remote employees have reasonable access to basic facilities – including toilets and drinking water.
Although they may not control the mobile workplace, employers must consult with their employees about adequate mobile workplace facilities. Employers should, for example, arrange with clients to allow their employees to use their facilities, such as toilets. If this is not reasonably practicable, then employers need to give their employees clear direction about the location of public facilities that they can use. In the absence of available facilities, employers should provide temporary facilities, like portable toilets when employees work remotely at a single location. Where temporary facilities are provided, they should be located close to where the employees are working for easy access.
Employers also need to provide access to water to mobile employees for their health and welfare. How they do so is a matter for consultation.
Mobile and remote employees also need to be provided with access to appropriate first aid.
As an HSR you should raise this matter with your employer for resolution via the on Issue Resolution Procedure. Your employer has a Duty to consult with employees about such matters. If you cannot reach resolution with your employer about the provision of water and toilets, I urge you to contact your union for support and assistance to escalate the issue.
