The Regulatory Framework

The Workplace (Health, Safety and Welfare) Regulations 1992 were made under the Health and Safety at Work etc. Act 1974 and implement the European Framework and Workplace Directives (as they applied at the time). They set out minimum standards for working environments across most workplaces — with specific carve-outs for construction sites (which are covered by CDM 2015 and its predecessors) and certain other sectors.

The Regulations cover a broad range of welfare matters, but the provisions most directly relevant to portable toilet hire are Regulations 20 to 25, which address sanitary conveniences, washing facilities, drinking water, changing facilities, and rest facilities.

Regulation 20: Sanitary Conveniences

Regulation 20 requires that suitable and sufficient sanitary conveniences are provided at readily accessible places. The Approved Code of Practice (ACoP) that accompanies the Regulations (L24) provides the interpretation framework.

Key requirements under Regulation 20 and the ACoP include:

  • Sufficient numbers of toilets for the number of workers. The ACoP provides indicative ratios: where only one sex is using the facilities, 1 WC for 1–5 workers, 2 for 6–25, 3 for 26–50, 4 for 51–75, and 5 for 76–100.
  • Facilities must be kept clean and in an orderly condition
  • Adequate lighting and ventilation must be provided
  • Where facilities are used by both men and women, they must be in separate rooms — unless each room contains only one toilet and can be secured from the inside
  • Facilities must not communicate directly with a room where food is prepared, consumed, or stored

The ACoP also addresses the provision of urinals, which can supplement WC provision for male workers and affect the ratios required.

Regulation 21: Washing Facilities

Regulation 21 requires suitable and sufficient washing facilities, including showers if required by the nature of the work or for health reasons. The minimum standard is:

  • Facilities adjacent to sanitary conveniences and changing rooms
  • A supply of clean hot and cold, or warm, water
  • Soap, or other suitable means of cleaning
  • Towels or other suitable means of drying

The "hot or warm water" requirement is significant. Many temporary welfare arrangements fail on this point. Cold water only at a washing facility is non-compliant under Regulation 21 except in certain narrowly defined circumstances set out in the ACoP.

Where the work involves exposure to skin-contaminating substances, or where the physical nature of the work means workers arrive at the washing facility in a significantly soiled state, the ACoP indicates that showers may be required. This is relevant to certain outdoor and agricultural contexts where portable welfare units are in use.

Regulation 22: Drinking Water

Regulation 22 requires an adequate supply of wholesome drinking water at readily accessible and suitable places. Where necessary, cups or other drinking vessels must be provided — unless the supply is from a drinking fountain designed for direct use.

The requirement for the water to be "wholesome" means it must meet the standards of the Water Supply (Water Quality) Regulations 2016. Water from a properly supplied mains connection will generally meet this standard. Water stored in tanks must be managed to prevent contamination.

Applying the Regulations to Temporary Workplaces

The Workplace Regulations apply to permanent and temporary workplaces alike, though the form of compliance can differ. A regulation that requires "suitable and sufficient" provision allows for the recognition that a temporary site may not replicate the facilities of a permanent office building.

For employers using portable welfare facilities:

  • A modern portable welfare unit with a flushing toilet, handwash basin, and water heating facility will generally satisfy Regulations 20 and 21 for small workforces in temporary settings
  • The unit must be maintained in a clean and functional state throughout the period of use
  • Servicing must ensure the toilet does not become unusable and that water and soap supplies are maintained
  • The unit must be genuinely accessible — not separated from the workforce by distance, locked gates, or terrain that makes access impractical

Enforcement

The Workplace Regulations are enforced by the HSE for workplaces under its jurisdiction and by local authority environmental health officers for premises within their enforcement remit. Both bodies can issue improvement notices requiring compliance within a specified timeframe and, for serious or repeated failures, prohibition notices or prosecution.

The HSE's enforcement policy statement makes clear that welfare failures affecting workers — particularly where the failures are persistent or indicative of a wider disregard for worker welfare — are taken seriously. Prosecutions under the Workplace Regulations are less common than improvement notices, but they do occur.

Common Failures in Practice

The most frequent welfare failures identified by HSE inspectors and local authority officers include:

  • No hot or warm water at washing facilities
  • Toilet provision insufficient for the number of workers on site
  • Facilities that are present but not maintained — dirty, without consumables, or dysfunctional
  • Facilities not readily accessible to workers (excessive walking distance, access obstructions)
  • No rest facilities, or rest facilities that lack means of heating food
  • Absence of separate facilities for male and female workers where required

What Employers Should Do

  • Assess welfare requirements before any work begins, using the ACoP ratios as a baseline
  • Confirm that any portable welfare provision includes hot or warm water — this is not optional
  • Arrange servicing at intervals that maintain provision in a functional state throughout the working day
  • Document welfare provision and maintenance checks
  • Review provision when workforce numbers change significantly
  • Ensure workers know where facilities are and that they are genuinely free to use them