Employers and landlords with tenants whose workplaces are regulated under Ontario’s Occupational Health and Safety Act could soon be required to publicly report the cleaning schedule for the washrooms those workers use. Legislation to enable the new rule is now progressing toward adoption, and the provincial government is seeking comments on the scope of information to be revealed and the potential costs and implications for washroom providers.

As proposed in Bill 190, a package of changes and updates to provincial labour and employment laws, employers in designated sectors would have to report how frequently staff washrooms are cleaned. That would include construction projects, industrial establishments, mines, health care, educational and recreational facilities and hospitality venues.

A consultation paper posted on the Ontario’s regulatory registry proposes that this information could either be posted in a conspicuous place within or near the washroom facilities or in an easily accessible electronic format. Posted information would cite the day and time of the two most recent cleaning sessions so that washroom patrons can gauge how regularly cleaning occurs.

“The employer or constructor may need to collaborate with other parties (such as owners, landlords or building management) to ensure that records of washroom cleaning are posted,” the consultation paper acknowledges. However, the proposed regulation would not apply to hospitality workers in rented space in food courts, retail stores or kiosks in malls where retail staff use public washrooms primarily intended for public patrons.

The new rules would be set out in a stand-alone regulation under the Occupational Health and Safety Act. Respondents to the consultation are invited to estimate the potential financial impact to comply with this requirement and the time it might take to set up a reporting system on cleaning frequency if one does not already exist.

The proposed legislation would make the designated employers responsible for ensuring staff washrooms are “maintained in a clean and sanitary condition” but does not impose a standard for the frequency of cleaning. However, the consultation paper solicits opinions on whether such a standard is necessary and what the appropriate frequency should be.

The consultation is open until October 18.

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