Bill 190 for Construction Sites — Requirements Most Contractors Miss

Construction sites have always been subject to some of the most detailed health and safety regulations in Ontario. But the washroom compliance requirements introduced by Bill 190 have added a layer that many constructors and contractors are only now starting to understand — partly because the construction-specific requirements differ in meaningful ways from what applies to standard workplaces.

This guide is specifically for Ontario construction site management, safety officers, and contractors who need to understand the construction-specific washroom compliance requirements under O. Reg. 482/24.

Two Different Regulations: Understanding the Split

The first thing to understand is that the washroom compliance framework for construction is governed by a different regulation than the framework for other workplaces.

For most Ontario employers, the washroom cleaning record requirements are set out in Ontario Regulation 480/24. This regulation requires employers to post cleaning records showing the two most recent cleanings and make them accessible to workers.

For construction sites, the framework is set out in Ontario Regulation 482/24, which amends Ontario Regulation 213/91 (the Construction Projects regulation). The two regulations have similarities but also meaningful differences. Applying the standard employer rules to a construction site — or assuming they’re identical — is a compliance error.

What O. Reg. 482/24 Requires on Construction Sites

The construction-specific requirements came into force on January 1, 2026, and cover these key obligations:

1. Records must cover a rolling six-month window (or the project duration)

Unlike the standard employer requirement (which only requires the two most recent cleanings to be displayed), constructors on construction projects must maintain records covering all cleaning and servicing of toilet, urinal, and cleanup facilities for the past six months — or the duration of the project, whichever is shorter.

This is a significantly more comprehensive documentation requirement than applies to standard workplaces. It means:

• A project running for three months needs records for the full project

• A project running for eighteen months needs records for the most recent six months on an ongoing rolling basis

• Records can’t be discarded or summarized — the full six months of service logs must be available

2. Records must cover servicing, cleaning, and sanitizing

The construction regulation uses broader language than the standard employer regulation. It requires records of “services” — including servicing (restocking supplies, maintenance), cleaning, and sanitizing — not just cleaning events.

This means your construction site washroom records need to capture more than just “we cleaned the facility on this date at this time.” They need to reflect the full service history including sanitizing and any maintenance servicing.

3. The constructor bears the primary responsibility

Under the construction framework, the constructor — the entity with primary control over the construction project — bears the primary obligation for washroom compliance. This is different from a standard multi-employer workplace where each employer is responsible for their own workers.

On a construction project, the constructor must ensure that washroom facilities are provided and that the compliance records are maintained. Individual subcontractors also have obligations, but the constructor is the primary accountable party.

4. Records must be kept at the site

Construction site records must be kept on-site and available for inspection. The inspector should be able to see the records at the project site, not “we’ll email them to you later.”

Common Compliance Gaps on Construction Sites

Construction site washroom compliance has a set of characteristic gaps that differ from other sectors:

Relying on portable toilet provider records only

Many construction sites use portable toilets serviced by a third-party company. Some constructors assume that the service reports from the portable toilet provider constitute their compliance records. They don’t — at least not automatically.

The service provider’s delivery and pickup records may document service visits, but they need to be retained on-site, in the format required by the regulation, and accessible to an inspector. Confirm with your portable toilet provider what documentation they provide after each service, and ensure you’re maintaining those records on-site in a six-month rolling archive.

Not tracking in-house cleanings

On larger construction projects, in-house cleaning of washroom facilities may happen in addition to contracted servicing. These in-house cleanings need to be logged too — not just the contracted service visits.

Missing the time requirement

As with the standard employer framework, construction site records must show the date and time of cleanings — not just the date. Construction site logs that record “serviced on Tuesday” rather than “serviced Tuesday March 18 at 10:30 AM” are incomplete.

No records for cleanup facilities

O. Reg. 482/24 explicitly covers cleanup facilities in addition to toilets and urinals. On a construction site, cleanup facilities — areas where workers can wash their hands — need the same service records as washrooms.

Records not at the site

If construction site records are being maintained at the constructor’s head office rather than on-site, that’s a compliance gap. An inspector visiting the site should be able to see the records at the site.

Insufficient washroom provisions for workforce size

A separate but related issue: the number of washroom facilities provided needs to be proportionate to the workforce. O. Reg. 213/91 sets minimum requirements for the ratio of toilets to workers on a construction site. Compliance with the record-keeping obligation doesn’t address deficiencies in the number of facilities provided.

Portable Toilets and the Service Documentation Challenge

Most construction sites use portable toilets rather than permanent washroom facilities. The documentation challenge is real: portable toilet service typically happens on a scheduled basis (weekly, twice-weekly, etc.) from a service provider, not via in-house cleaning staff.

Here’s how to structure compliance for portable toilet situations:

Get documentation from your provider after each service: Request a dated, timestamped service report from your portable toilet company after each visit. Many providers issue these automatically — if yours doesn’t, request it contractually.

Maintain on-site records: Keep a binder or folder at your site trailer with all service reports from the past six months. This is your compliance record.

Log any in-house cleanings separately: If site workers or supervisors clean the toilets between service visits (e.g., paper towel restock, basic cleaning), these should be logged in addition to the contractor service records.

Confirm accessibility: The records need to be accessible to workers. A binder in the site trailer is accessible in a way that a file in the head office is not. Make sure workers know the records are there if they want to see them.

Seasonal and Rotational Projects

Construction projects often have periods of reduced activity, seasonal shutdowns, or changing crew composition. The six-month rolling record requirement continues through these periods — if your project is active, your records need to be current.

For projects with seasonal shutdown (e.g., a project that pauses over winter), confirm what happens to washroom facilities during the shutdown and what documentation is required. If facilities are removed from the site during shutdown, that should be noted. If they remain, they may still need to be serviced and documented.

Integrating Washroom Compliance Into Your Site Safety Program

For construction safety officers and site managers, washroom compliance should be integrated into the site health and safety program rather than treated as a separate administrative task.

Practically, this means:

• Adding washroom compliance checks to your site safety inspection checklist

• Including service record review in your weekly site coordination meetings

• Briefing new subcontractors on the washroom compliance requirements during site orientation

• Including the six-month record retention requirement in your project closeout documentation process

The Ministry of Labour inspector who visits your site for a safety inspection will likely also assess washroom compliance. Having it integrated into your existing safety management approach means it gets appropriate attention rather than being overlooked.

Practical Implementation Steps for Construction Sites

25. Identify all washroom and cleanup facilities on your site, including portable toilets and any temporary facilities.

26. Confirm your service contract with your portable toilet provider includes documentation of each service visit with date and time.

27. Establish on-site record storage — typically a binder or folder in the site trailer — and maintain all service records for a rolling six months.

28. Set up a log for in-house cleanings in addition to contractor service records.

29. Make records accessible — workers should know where the records are kept and be able to view them without asking a supervisor.

30. Assign ownership to a specific person (typically the site supervisor or safety officer) for maintaining and monitoring washroom records.

31. Brief subcontractors on the washroom compliance requirements at site orientation.