Regulations 40–41: WHS General Workplace Facilities

Regulatory citation: Model Work Health and Safety Regulations, Part 3.2, Division 2, Regulations 40 and 41, General working environment

What Are the General Workplace Facilities Rules?

Regulations 40 and 41 of the model Work Health and Safety Regulations set the basic standard for the physical workplace. Regulation 40 covers the working environment: layout, space, floors, lighting, ventilation, heat and cold, and essential services. Regulation 41 covers welfare facilities such as toilets, drinking water, washing and eating areas.

Both duties sit with the person conducting a business or undertaking (PCBU) that has management or control of the workplace, and both apply so far as is reasonably practicable. The model Code of Practice on managing the work environment and facilities gives practical guidance.

Why Workplace Facilities Matter

Poor lighting, cluttered layouts and slippery floors lead to trips and falls. Heat stress, stale air and a lack of clean water or toilets harm health and morale. These are everyday hazards, and they apply to offices, factories, shops and outdoor sites alike.

Core Obligations

1. Safe Layout, Entry and Exit (Regulation 40)

The layout must let people enter, leave and move around safely, both during normal work and in an emergency. Work areas need enough space for work to be done safely.

2. Floors and Surfaces (Regulation 40)

Floors and other surfaces must be designed, installed and maintained so work can be done safely. That means slip resistance suited to the task, even surfaces and prompt repair of damage.

3. Lighting (Regulation 40)

Lighting must let each worker carry out the work, move within the workplace and evacuate in an emergency without risk.

4. Ventilation (Regulation 40)

Ventilation must allow workers to work without risk to health and safety. Natural ventilation, mechanical systems or both can be used depending on the work.

5. Heat, Cold and Weather (Regulation 40)

Workers exposed to extremes of heat or cold must be able to work without risk. For outdoor work, the Code points to shelter from sun, rain and wind, adjusted work hours and access to cool water.

6. Essential Services (Regulation 40)

Work on or near gas, electricity, water, sewerage and telecommunications services must not affect the health and safety of people at the workplace.

7. Adequate and Accessible Facilities (Regulation 41)

Workers must have adequate facilities, including toilets, drinking water, washing facilities and eating facilities. These must be kept in good working order, clean, safe and accessible. In deciding what is adequate, consider the nature of the work, the hazards, the size, location and nature of the workplace, and the number and composition of workers.

Common Compliance Approaches

Use the Code's Benchmarks

The model Code gives practical figures. Examples include clean drinking water that is free and ideally no warmer than 24°C, one closet pan for every 15 female workers and every 20 male workers, and a separate eating area where 10 or more workers eat at the same time. These are guidance, not fixed legal limits.

Plan for Remote and Mobile Work

Temporary and remote sites may not be able to offer fixed facilities. Portable toilets, vehicle-mounted water and hand-washing stations, and access to nearby facilities by agreement are common solutions. Where a business provides accommodation for workers, it also has a separate duty under the WHS Act to keep that accommodation safe.

Example: Workplace Facilities in Practice

A landscaping company runs crews across several suburban sites each summer. It equips each truck with a shade canopy, an insulated water tank and a hand-washing station. Supervisors plan heavy tasks for the morning, and the company arranges toilet access at a nearby business for sites without amenities.

Related regulations: WHS primary duty of care, WHS first aid and emergency plans, OSHA walking-working surfaces.

Note: This summary is based on the model WHS laws published by Safe Work Australia. The model laws only take effect when a state or territory adopts them through its own legislation. All jurisdictions except Victoria have done so, with Western Australia adopting them from 31 March 2022, and some include local variations. Victoria has its own OHS laws. Always check the legislation and codes of practice that apply in your jurisdiction.

Frequently Asked Questions

Is there a maximum workplace temperature in the model WHS laws?

No. The regulations do not set a maximum temperature. The PCBU must manage heat and cold so workers are not put at risk, and the Code gives guidance on comfortable ranges and controls.

Do home-based workers need facilities provided?

The duty applies so far as is reasonably practicable and depends on what the PCBU can control. For home-based work, it usually focuses on checking the setup and giving guidance rather than supplying facilities.

Can workers share facilities with another business?

Yes, if the facilities are adequate, accessible and maintained. Agree in writing who is responsible for cleaning and upkeep.