11/25/2025

Keep it clean! New legal requirements for Ontario workplace washrooms

Keep your washrooms clean. Seems simple enough, but what exactly does ‘clean and sanitary condition’ mean?

Keep your washrooms clean. Seems simple enough, but what exactly does ‘clean and sanitary condition’ mean?

Ontario employers are now legally required to keep washroom facilities for employees ‘clean and sanitary.’ 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. Both 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 Onorato, WSPS Health and Safety Consultant. Businesses that are not in compliance can receive an order from an inspector from the Ministry of Labour, Immigration, Training and Skills Development (MLITSD).

Cleaning requirements explained

Keep your washrooms clean. Seems simple enough, but what exactly 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.”

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 shared by both patrons and staff, like those in restaurants, grocery stores, truck stops or service stations, may need to be cleaned several times a day.

Kristin’s advice: Clean as often as required to meet the legislative requirement to keep the washroom clean and sanitary at all times.

Best practice

Employers may benefit from using a cleaning checklist to ensure nothing is overlooked. A checklist will establish a consistent process for cleaning and sets clear standards for what “clean” looks like. Including photos of the desired washroom condition can help reinforce expectations.

Each checklist should include the date, time, and signature of the person responsible for cleaning, and provide contact information for reporting issues 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 cleaning records,” says Kristin.

Record-keeping requirements

As of January 1, 2026, Ontario 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.

Now is the time for companies to develop or update their housekeeping and records retention programs to include the new record-keeping requirement. Workers and supervisors must then be trained on both the washroom cleaning and record-keeping requirements.

Kristin also suggests adding washroom and cleaning record inspections to your joint health and safety committee (JHSC) or health and safety representative’s monthly list of responsibilities.

Watch for hazardous products

By law, 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.

“In many instances, the products used for cleaning and sanitizing fall under WHMIS Regulation 860: Workplace Hazardous Materials Information System (WHMIS),” says Kristin.

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

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. If personal protective equipment (PPE), such as gloves or masks, is required by the SDS, employers must also provide training on their safe use, care and disposal.