Hi Renata – The company who employs me do not own or manage the building where I have been assigned to work. I have a small office there and access to toilet facilities, but to access drinking water I must use the bathroom sink. Is this acceptable? How should I handle this situation?
Requiring you to source your drinking water from the bathroom is not acceptable at all. Your employer has a duty under s.21(2)(d) of the OHS Act to provide and maintain, so far as is reasonably practicable, adequate facilities for the welfare of employees at any workplace under the management and control of the employer.
The Compliance Code for Workplace facilities and the working environment provides more detailed guidance on what employers need to provide in order to comply with their duties under Section 21 of the OHS Act. This is what the Code says in full (in sections 68 - 71) -
Drinking Water
- Clean, potable, cool drinking water needs to be provided for employees. Drinking enough fluids is essential for normal body functioning.
69. Drinking water should be:
- free of charge
- supplied so that there is one drinking point for every 40 employees or part thereof
- nearby or within reach of employees who cannot leave their work task.
- Sometimes, when workplaces are temporary, remote or mobile, employers cannot provide drinking points for employees. This may include employees such as delivery workers, transport drivers, security personnel, park rangers and gardeners, forestry employees, sales representatives, emergency personnel, or mobile community health employees. In these cases, employers need to identify nearby public drinking water facilities for employees or provide those employees with bottled water, or containers for employees to take water with them, at no charge to the employee.
Design
- Drinking water provided by employers should be:
- from outlets that are separate from toilet or washing facilities, to avoid contamination
- hygienically provided in disposable or washable drinking containers or delivered by a drinking fountain so that employees do not share drinking containers. Where drinking fountains are provided, these and the filters should be regularly tested, cleaned, changed and maintained.
Although your employer may not have direct control over the facilities in the building where you work, they still carry the responsibility to ensure that facilities are adequate for all employees, regardless of where those employees are physically working. They must have consideration for such needs in their contract with the building owner/maintainer.
The first thing to do with any health and safety concern is to report it to your employer via your company’s hazard reporting process. Your employer then has a duty under s73 of the OHS Act to resolve the issue within a reasonable time. I cannot see from your query whether you have employee-elected Health and Safety Representatives (HSRs) in your workplace. If you do have an HSR you should report this issue directly to them and they can then raise it and follow up with management if needed. HSRs have powers under the OHS Act to ensure that your employer consults with them and resolves OHS issues in accordance with OHS issue resolution procedures.
I also cannot see if you are a member of your Union. This issue is an area where unions can provide guidance, advice, and ongoing support and can also assist in the process of establishing Designated Work Groups (DWGs) and HSRs in your workplace if you do not already have them. Australian Unions can assist in identifying a Union appropriate for your workplace and industry.
If you have any questions about OHS we encourage to fill out an Ask Renata query and one of our officials will get back to you shortly. Alternatively give Ask Renatabot a try!