Ontario employers are now legally required to keep washroom facilities for employees ‘clean and sanitary,’ advises Kristin Onorato, WSPS Health and Safety Consultant. The requirement under s.25.3 of the Occupational Health and Safety Act (OHSA) was passed into law on July 1, 2025. 

A related regulation, requiring employers to keep records of the washroom cleanings, will come into effect on January 1, 2026, says Kristin. Both of these requirements were part of the Working for Workers Five Act amendments to the OHSA in 2024.

“What this means is that the requirement to maintain washroom facilities in a clean and sanitary condition is now enforceable,” says Kristin. Businesses that are not in compliance can receive an order from an inspector from the Ministry of Labour, Immigration, Training and Skills Development (MLITSD).

“Since the requirement to keep records of the cleanings is not in effect until the new year, employers have time to put policies and procedures in place to ensure compliance by that date,” notes Kristin. 

Cleaning requirements explained

What does ‘clean and sanitary condition’ mean? “To me, this means washrooms should be free from dirt, grime, germs and contaminants that pose a health risk,” says Kristin. “They should also be well-maintained, with prompt repair of broken fixtures, like toilets and sinks, and supplies such as hand towels, toilet paper and soap restocked as needed.”

Watch for hazardous products 

“Some of the products used for cleaning and sanitizing may fall under WHMIS Regulation 860: Workplace Hazardous Materials Information System (WHMIS),” says Kristin. “Employers are required to have a WHMIS program in place for all hazardous products used, handled or stored in the workplace, including hazardous cleaning products.”

“Take the time to assess the products used for cleaning to determine if they are hazardous. If they have hazardous symbols on the label and come with Safety Data Sheets (SDSs), they are regulated under WHMIS.”

Products covered by WHMIS need to be properly labelled and have SDSs available. “Employers also need to train employees on the safe use, handling and storage of each product,” says Kristin. “If personal protective equipment (PPE), such as gloves or masks, is required by the SDS, employers must also provide training on safe use, care and disposal.” 

Frequency of cleaning

The regulation does not specify how often workplaces need to clean washrooms. “It will depend on how often the facility is used and by how many people,” explains Kristin. High-traffic washrooms, like those in restaurants, may need to be cleaned several times a day. Office washrooms may only require cleaning every few days or once a week. Washrooms in manufacturing facilities may require daily cleaning. 

“Clean as often as required to meet the legislative requirement to keep the washroom clean and sanitary at all times,” says Kristin. 

Best practice for cleaning

Kristin suggests that employers use bathroom cleaning checklists to ensure nothing is missed. “This helps to establish a process and procedures for cleaning, and sets a standard for what 'clean' looks like. Providing pictures of how the washroom should look can be beneficial.” 

Include date, time, and signatures on the checklist. Post a name or contact information for whom to call if the washroom is found in poor condition. 

The checklist should be signed and dated by the person who does the cleaning – an employee or an outside contractor. This will make it easier to demonstrate compliance with the upcoming requirement to keep records of cleaning, says Kristin. 

Coming up: record-keeping requirements 

As of January 1, 2026, employers will be required to keep, maintain, and make available records of cleaning of washroom facilities, under section s.25.3 of the OHSA. The government recently set out their expectations with respect to these cleaning records (see O. Reg. 480/24). The record must: 

• include the date and time of the two most recent cleanings of the washroom facility
• be posted in a conspicuous place in or near the washroom facility to which the record pertains, where it is likely to come to the attention of workers; OR
• be posted electronically where it can be accessed by workers. Workers must be provided with directions on where and how to access the record.

Kristin suggests companies take the time now to develop or update their housekeeping and records retention programs to include the new record-keeping requirement.

“Ensure workers and supervisors are trained on both the washroom cleaning and record-keeping requirements,” says Kristin. “In addition, the joint health and safety committee (JHSC) or health and safety representative should check the condition of the washrooms and the records kept as part of their monthly workplace inspections.”

How WSPS can help 

Connect with a consultant to get support with the WSPS Building Blocks Program. We’ll help you develop programs, policies and procedures that support the new legislative requirements for washrooms, including housekeeping, records retention, workplace inspections, and chemical management.

Awareness

•    WHMIS Awareness (free Course, 30 minutes)

Training 

•    WHMIS Online Training (eCourse, 1.5 hours) 

Resources
• WHMIS: what you need to know about hazardous materials in the workplace (article) 
• MLITSD Occupational Hygiene Campaigns Toolkit: WHMIS and Exposure to Chemical Agents (guide)

  The information in this article is accurate as of its publication date.