The CDM 2015 Requirement

The Construction (Design and Management) Regulations 2015 impose a clear and unqualified duty to provide welfare facilities for all workers on a construction project during the construction phase. Schedule 2 of the Regulations sets out the specific requirements: sanitary conveniences, washing facilities with hot or warm water, drinking water, changing facilities, and rest areas.

The Regulations do not provide an exception for small sites, remote sites, or elevated worksites. The duty is absolute. The only concession made in practical guidance is that the form of provision can be adapted to circumstances — but provision itself cannot be omitted.

What "Suitable" Means in Remote Contexts

On a conventional construction site with good road access, welfare compliance is relatively straightforward. A modern welfare unit, properly serviced, addresses most Schedule 2 requirements in a single unit.

On remote sites — wind farm construction, telecommunications mast installation, rural pipeline works, reservoir maintenance — access for a standard welfare unit may be impossible or impractical. The CDM 2015 guidance (L153) acknowledges this reality and requires that the principal contractor apply their mind to how welfare will be provided in those circumstances. It does not permit the conclusion that welfare is simply unavailable.

Options for remote or access-constrained sites include:

  • Lightweight portable toilet units transported by ATV or helicopter where road access is unavailable
  • Self-contained chemical toilet units that can be carried to elevated or otherwise inaccessible positions
  • Scheduled welfare breaks where workers descend or travel to a welfare point at intervals
  • Temporary welfare compounds at the base of elevated work areas with clear instructions on access intervals

The last option — scheduled welfare access rather than provision at height — requires careful management. Workers should not be deterred from taking welfare breaks by unreasonable travel distances or schedules, and the CDM guidance notes that welfare facilities should be readily accessible.

Working at Height Regulations and Welfare

The Work at Height Regulations 2005 govern the planning, supervision, and conduct of work at height. They do not directly address welfare provision, but they impose a duty on employers to ensure that work at height is properly planned and that workers are not exposed to unnecessary risk. Failing to plan for welfare access as part of working at height operations is a planning failure with both welfare and safety implications.

In practice, this means:

  • Welfare access must be factored into method statements for working at height operations
  • Descending from height to access welfare creates its own risk exposure — the frequency of ascent and descent should be minimised through sensible welfare planning
  • Rescue plans for workers at height should not assume that welfare needs will not arise during long elevated working periods

The Principal Contractor's Welfare Plan

CDM 2015 requires the principal contractor to prepare and maintain a construction phase plan. This plan must address welfare provision. For projects involving remote or elevated worksites, the welfare section of the construction phase plan should:

  • Identify the specific welfare challenges of the site
  • Set out the solutions proposed for each type of worker and working location
  • Confirm how provision will be serviced and maintained
  • Address any access constraints and how they will be managed
  • Identify who is responsible for welfare provision throughout the project

An inspector reviewing the construction phase plan will check whether welfare provision has been properly thought through. A plan that simply lists "welfare unit on site" is unlikely to satisfy the requirement where the site involves workers in genuinely remote or elevated positions.

Welfare for Short-Duration Works

A common source of non-compliance is the assumption that short-duration works — a single day, perhaps, or a few hours — do not require full welfare provision. This is incorrect. Schedule 2 of CDM 2015 applies from the moment construction work begins. There is no minimum duration threshold.

HSE guidance does acknowledge that the required welfare arrangements for very short-duration works may be less elaborate than those for longer projects, but this is a question of degree, not of exemption. A gang working for six hours to install a telecoms mast in a remote location must have access to sanitary facilities, washing water, and drinking water. If existing facilities nearby can serve this purpose, they may suffice — but they must be confirmed available, not assumed.

Subcontractor Responsibilities

While the principal contractor bears primary responsibility under CDM 2015, contractors and subcontractors also have duties. A subcontractor who is not satisfied that adequate welfare is provided on a site where they are working should raise this with the principal contractor. If welfare remains inadequate, they have the option — and arguably the duty — to report the matter to the HSE.

Workers also have the right to stop work where they reasonably believe a serious and imminent danger exists. Inadequate welfare is rarely an immediate danger in the acute sense, but cumulative welfare deprivation — particularly on hot days without drinking water — can rapidly become one.

Practical Recommendations

  • Carry out a site-specific welfare assessment for every project at the planning stage
  • Do not assume that standard welfare unit placement is suitable for sites with access constraints — discuss requirements with your hire company before the project begins
  • Document welfare provision in the construction phase plan with specificity
  • Review welfare arrangements at each phase of the project and update the plan accordingly
  • Ensure subcontractors are briefed on welfare access and that the briefing is recorded