The legal basis: CDM 2015 Schedule 2
The Construction (Design and Management) Regulations 2015 (CDM 2015) impose a statutory duty to provide welfare facilities on construction sites. Schedule 2 of the regulations sets out the specific requirements. Unlike many aspects of CDM 2015 that scale with project size, welfare provisions apply to all construction work regardless of duration or project value.
The HSE's Approved Code of Practice (ACoP) L153 supplements Schedule 2 with practical guidance on how the duty should be met. While an ACoP does not have the force of law, failure to follow its guidance is likely to be taken by a court as a failure to comply with the underlying regulations.
Schedule 2 requirements sit alongside the broader welfare duties under the Workplace (Health, Safety and Welfare) Regulations 1992, which apply to construction sites that are considered "workplaces" - generally any site where workers are based for more than a brief duration.
Who is responsible for site welfare
The duty to provide welfare facilities falls primarily on the principal contractor (PC). CDM 2015 Regulation 13 requires the PC to ensure that suitable welfare facilities are provided from the start of the construction phase and maintained throughout.
This responsibility cannot be passed to a subcontractor or welfare unit supplier. The PC must ensure that suitable facilities exist; a subcontractor's failure to provide their workers with access to adequate welfare is still the PC's liability to manage.
Where there is only one contractor on a project, that contractor carries the welfare duty directly. On notifiable projects, the client also has a duty to ensure that, before the construction phase begins, sufficient arrangements are in place for managing welfare - meaning a client cannot approve work to start before welfare is sorted.
Key point: Welfare facilities must be in place before work starts, not installed once the site is set up. An HSE inspector arriving on the first day of a project and finding no welfare provision will treat this as an immediate breach of CDM 2015.
What facilities are required
CDM 2015 Schedule 2 specifies five categories of welfare provision:
1. Sanitary conveniences (toilets)
Adequate toilets must be provided, clearly marked for men and women unless the toilet is in a lockable individual room. Toilets must be adequately lit and ventilated, and kept in a clean and orderly condition. Flushing toilets connected to the mains sewage system are preferred, but chemical toilets are acceptable where connection is not practicable.
Female workers must have separate toilet facilities. On sites where both men and women work, separate facilities are required unless each toilet is in its own lockable room that is not shared simultaneously.
2. Washing facilities
Washing facilities must be located adjacent to toilets and in changing areas. They must include: running hot and cold water (or warm water); sufficient soap or other means of cleaning; and towels or other means of drying. Showers must be provided where the work is particularly dirty or where workers may be exposed to skin-contaminating substances.
The HSE's guidance states that washing facilities should be sufficient to allow all workers to wash at or near the end of the working day without unreasonable queuing. For most sites, this means a washbasin for every toilet provided.
3. Drinking water
An adequate supply of wholesome drinking water must be provided. It must be readily accessible, marked to distinguish it from any non-drinking water supply, and kept clean. Cups or other drinking vessels must be provided unless the supply is from a jet or fountain. Bottled water is acceptable where the mains supply is not available, but the supply must be maintained so it never runs out during working hours.
4. Changing rooms and lockers
Changing facilities must be provided where workers are required to wear special work clothing and where, for reasons of health or propriety, they cannot be expected to change elsewhere. This typically applies where workers wear PPE, high-visibility clothing, or overalls. The changing room must include: adequate seating, hooks or lockers for hanging clothing, and a means of drying wet clothing where reasonably practicable.
Separate changing facilities for men and women must be provided unless individual rooms are available with secure locks.
5. Rest facilities
Rest facilities must be provided that are large enough to accommodate all workers who may need to use them at any one time, and must include: suitable seats (with backs), shelter from the weather, protection from the cold, a means to heat food and boil water, and facilities for preparation and consumption of food. Rest areas must be kept clean and tidy.
Smoking must not be permitted in rest facilities. If smoking is allowed on site, a separate designated area is required.
How many facilities per workforce size
CDM 2015 Schedule 2 does not specify exact numbers - it uses the word "adequate". However, HSE guidance in L153 provides a practical reference table that courts and inspectors treat as the expected standard:
| Number of workers on site | Minimum toilets | Minimum washbasins |
|---|---|---|
| 1 to 5 | 1 | 1 |
| 6 to 25 | 2 | 2 |
| 26 to 50 | 3 | 3 |
| 51 to 75 | 4 | 4 |
| 76 to 100 | 5 | 5 |
| Over 100 | 5 + 1 per 25 additional workers | 5 + 1 per 25 additional workers |
These figures are based on peak simultaneous occupancy, not total project workforce. If 150 workers are employed but shifts mean no more than 80 are on site at any one time, provision should be based on 80.
On male-only sites, urinals can substitute for a proportion of WCs, but a minimum of one full WC must always be available. On mixed sites, female-only toilets must be provided in addition to the numbers above.
Common mistake: Calculating welfare needs based on the total workforce rather than the peak number of workers on site simultaneously. A 200-person project where workers rotate across three shifts may only need provision for 70-80 workers at a time. Conversely, underestimating peak numbers and providing too few units is one of the most common CDM welfare violations the HSE encounters.
Welfare units and cabins
On most construction sites, welfare requirements are met using self-contained welfare units or cabins - portable units that include toilet, washing, changing, and rest facilities in a single or modular structure. These are available in a range of configurations from specialist hire companies.
When specifying a welfare unit, check that it meets all five Schedule 2 requirements. Many basic "toilet and sink" units do not include rest facilities, changing areas, or means to heat food - meaning a separate rest cabin is also required. The PC must confirm that the hired unit meets the full regulatory standard before signing off on welfare provision.
Key questions to ask a welfare unit supplier:
- Does the unit provide hot and cold running water, or only cold?
- Is there adequate heating for use in winter conditions?
- Is there a means to heat food and boil water in the rest area?
- How is the unit serviced and how frequently?
- Is the unit compliant with BS EN 16031 (the welfare accommodation standard)?
Maintaining welfare facilities
CDM 2015 requires welfare facilities to be maintained in good working order throughout the construction phase - not just at the start. The principal contractor is responsible for ongoing maintenance and must have a system in place to ensure:
- Toilets are cleaned regularly (daily on busy sites)
- Consumables (soap, toilet paper, hand towels) are replenished before they run out
- Chemical toilet waste is collected at the required frequency
- Any faults (blocked drains, broken locks, heating failures) are rectified promptly
- The rest area is kept clean and free from food waste
- Drinking water supply is maintained - bottled water must not run out
As the workforce grows during a project, the welfare provision must scale accordingly. A site that starts with 20 workers and grows to 60 must upgrade its welfare provision to meet the ratios for 60 workers. This is often missed when projects ramp up quickly.
HSE inspection: what they check
Welfare facilities are one of the first things an HSE inspector checks on a site visit. The inspection is typically carried out by physically walking to the welfare units and observing conditions. An inspector will assess:
- Whether the number of toilets and washbasins is appropriate for the workforce size
- Whether the facilities are clean, functional, and adequately stocked with consumables
- Whether hot and cold running water is available
- Whether there is a suitable rest area with seating and heating
- Whether there are separate male and female facilities (or lockable individual rooms)
- Whether drinking water is clearly identified and available
- Whether the facilities were in place before work started (evidenced in the Construction Phase Plan)
Welfare failures are among the most common grounds for HSE improvement notices on UK construction sites. An improvement notice requires the PC to rectify the issue within a specified timeframe. If welfare conditions are serious enough to pose an immediate risk (for example, no toilet facilities available on a site with 40 workers), a prohibition notice stopping work until the issue is resolved is possible.
Records you should keep
Although CDM 2015 does not prescribe specific welfare records, the principal contractor should maintain documentation that demonstrates ongoing compliance:
- Construction Phase Plan - must include welfare facility arrangements: location, type, number, and supplier
- Site setup records - evidence that welfare was in place before work started (delivery notes, setup date)
- Cleaning and maintenance log - dated records of cleaning and any faults reported and resolved
- Service records - chemical toilet collection certificates, water testing where relevant
- Welfare scale-up records - if facilities were increased as the workforce grew, when and why
These records are not legally required in a specific format, but having them available during an HSE inspection demonstrates a structured approach to welfare management and is significantly better than relying on verbal assurances.
Frequently asked questions
Who is responsible for welfare facilities on a construction site?
The principal contractor is responsible under CDM 2015 Regulation 13. Where there is only one contractor, that contractor holds the duty. The responsibility cannot be delegated to a subcontractor, though subcontractors must cooperate with welfare arrangements. The client also has a duty to ensure welfare arrangements are in place before the construction phase starts.
How many welfare units do I need for a construction site workforce?
Based on HSE guidance: 1-5 workers = 1 toilet and 1 washbasin; 6-25 = 2 of each; 26-50 = 3; 51-75 = 4; 76-100 = 5; add 1 per 25 workers above 100. Calculations should use peak simultaneous occupancy, not total workforce size. Female workers need separate facilities or individual lockable rooms.
Do welfare requirements apply to short-duration or small projects?
Yes. CDM 2015 Schedule 2 applies to all construction work with no minimum threshold. For very short tasks (a few hours), the HSE applies reasonableness, but any project where workers will be on site for a standard working day must have adequate welfare in place before work starts.
Can workers use public toilets instead of site-provided welfare?
Only in limited circumstances. The PC must confirm the alternative facilities are readily accessible, available during all working hours, maintained to an adequate standard, and that workers can reach them safely without leaving a controlled site. The arrangement must be documented in the Construction Phase Plan. Relying on facilities that cannot be guaranteed - such as those in a locked nearby building - will not satisfy the duty.
What is CDM 2015 Schedule 2?
Schedule 2 of the Construction (Design and Management) Regulations 2015 sets out the minimum welfare facilities required on construction sites. It covers: sanitary conveniences; washing facilities; drinking water; changing rooms and lockers; and rest facilities. It applies to all construction work in Great Britain regardless of project size or duration.
Are there penalties for not providing adequate welfare facilities?
Yes. The HSE can issue an improvement notice requiring the PC to rectify welfare failures within a specified timeframe, or a prohibition notice stopping work immediately in serious cases. Prosecution is possible for persistent or serious non-compliance. Welfare violations also expose the PC to civil claims if a worker suffers health effects attributable to inadequate facilities.