New South Wales Consolidated Regulations

OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 18

18 Employer to provide amenities

(1) An employer must ensure that appropriate amenities are available for all of the employer’s employees while they are at work.

(2) The appropriateness of amenities is to be determined having regard to all of the circumstances of the case, including the following:

(a) the nature of the work undertaken at the place of work,

(b) the size and location of the place of work,

(c) the number of men and of women at the place of work.

Note: Also see Part 4 of the Act (Industry codes of practice). Failure by an employer to observe any industry code of practice relevant to the provision of amenities may be used in evidence in any prosecution under this clause or clause 19. Industry codes of practice are prepared by WorkCover and approved by the Minister.

(3) In this clause, "amenities" means facilities provided for the welfare or personal hygiene needs of persons and includes toilets, rest rooms, shelter sheds, seating, dining rooms, change rooms, provision of drinking water, lockers and washing facilities.

Maximum penalty: Level 3.