Company and director fined after HSE inspectors find unusable toilet

A construction company and its director have been fined after they failed to provide suitable welfare facilities at a construction site in North London.

A Health and Safety Executive (HSE) inspection of the site on 29 November 2021 found the welfare facilities did not comply with the minimum requirements as set out in Schedule 2 of the Construction (Design and Management) Regulations 2015; the toilet provided was not flushable and was in a room without a door or window coverings. There was no sink, no hot water, no soap and no towels – cold water only was available from a pipe in the room next to the toilet.  No rest area had  been set up by the company either.

The construction company was then issued with an Improvement Notice by HSE requiring the firm to ensure suitable welfare facilities were available at the site.

However, a second inspection by HSE on 5 January 2022 found no sufficient improvements had been made as required by the Improvement Notice issued.

HSE inspector Emma Bitz said: “Providing suitable and sufficient toilets is an absolute duty and there is no exception to them being provided or made available. The reality is that many of the smaller sites we inspect don’t have basic facilities at all.

“Inspectors will not hesitate to take appropriate enforcement action against employers who fail to comply with an Improvement Notice.  Welfare is a fundamental and basic necessity for workers. It is also required by law.”

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