Log in

Technical Corner

New Ministry Requirements for Washroom Facility Cleaning Records Causes ORFA Membership Compliance Confusion

November 3, 2025

In the province of Ontario, new employer and constructor duties with respect to clean washroom facilities and records of cleaning came into force as of July 1, 2025, under the Working for Workers Five Act. On January 1st, 2026, the specific requirements related to records of cleaning will become an operational compliance obligation for employers and constructors under the Occupational Health and Safety Act (OHSA).

Refer to: Maintaining clean washroom facilities for workers | ontario.ca

Included in this updated directive is information surrounding employee washroom care, specifically, the obligation to maintain and record the cleanliness and sanitary condition of these facilities. Some ORFA members interpreting the requirement are confused with regards to compliance. The following information is a collection of clarifications that ORFA staff have obtained from the Ministry of Labour, Immigration, Training and Skills Development (MLITSD).

Disclaimer: this information is provided as general clarification with the understanding that Ministry inspection staff have latitude to determine worker safety based on the specific environment and conditions. ORFA members are encouraged to contact Ministry staff for specific clarification for their operations. 

FAQ’s

Q. What was the intent of this directive?

A: The Covid-19 Pandemic caused many operations to evaluate washroom cleaning and sanitization best practices. Ministry construction site inspections during this event determined a gap in commitment by employers in keeping these facilities in a reasonable state of cleanliness.

Q. Recreation facilities are primarily governed under the Industrial Regulations of the Occupational Health and Safety Act – so why is this impacting our industry?

A. Correct, recreation operations are primarily governed by the Industrial Regulations of the Act, however, there are no compliance barriers of any health and safety matters outlined in the Act. As such, all stakeholders as outlined in the Act, must do whatever is reasonable to ensure the health and safety of the worker.

Q. How might this requirement impact a recreation operation?

A. If a building has an exclusive employee washroom, the requirements for maintaining clean washroom facilities and keeping proper cleaning records could be expected to be met by the employer.

Q. What if staff use the available public washroom facilities.

A. Ministry staff have confirmed that the obligation to inspect and record cleaning conditions would not apply.

Q. What if we do not agree with a Ministry Inspector’s post inspection directive in this matter?

A. All Ministry frontline inspection directives, or orders, have an opportunity to be openly discussed and resolved with a Regional Ministry official. The Ministry also has an additional appeal process if this first level of review is still not deemed satisfactory.

Refer to: Occupational health and safety inspections and investigations | ontario.ca

Q. Why did the Ministry feel they need such a directive?

A. This change and the associated employer and constructor requirements were created due to the fact that employers were not embracing their latitude to self-govern. Anytime a governing agency feels it must engage, it is usually driven by a lack of reasonable performance by stakeholders. The directive was created to provide frontline inspectors with clear levels of operational expectation to gauge an operations commitment to reasonable health and safety practices and maintaining a healthy workplace environment for workers.

Q. What is ORFA’s advice to facility supervisory staff?

A. This obligation should encourage an internal audit of each organization or facilities current cleaning and sanitization policies and procedures. In addition, a review of Public Health Regulations with respect to public building cleaning and sanitization expectations should also be undertaken. As always, staff training and ongoing education to support these administrative obligations must be aligned and should be considered a necessary investment by employers.

Additional Resources

The ORFA offers a variety or resources and educational opportunities to support members in the recreation facilities profession. Please visit the ORFA Resource Centre for additional information.

    Comments and/or Questions may be directed to Terry Piche, CRFP, CIT and Director, Training, Research and Development, Ontario Recreation Facilities Association

    Note: The publisher, (Author(s)/General Editor(s)/Licensor(s)) and every person involved in the creation of this communication shall not be liable for any loss, injury, claim, liability or damage of any kind resulting from the use of or reliance on any information or material contained in this communication. While every effort has been made to ensure the accuracy of the contents of this communication, it is intended for information purposes only. When creating this communication, none of the publisher, the (Author(s)/General Editor(s)/Licensor(s)) or contributors were engaged in rendering legal or other professional advice. This communication should not be considered or relied upon as if it were such advice. If legal advice or expert assistance is required, the services of a competent professional should be sought and retained. The publisher and every person involved in the creation of this communication disclaim all liability in respect of the results of the any actions taken in reliance upon information contained in this communication and for any errors or omissions in the works. They expressly disclaim liability to any user of the work.


     
    Powered by Wild Apricot Membership Software