FOI23/24 127 Compliance with section 20 of Workplace (Health, Safety & Welfare) Regulations 1992

Date published: 18/01/2024

Can I also ask how the SQA are complying with section 20 of The Workplace (Health, Safety and Welfare) Regulations 1992? 

The Workplace (Health, Safety & Welfare) Regulations 1992 (legislation gov uk)

Sanitary conveniences

20.—(1) Suitable and sufficient sanitary conveniences shall be provided at readily accessible places.

(2) Without prejudice to the generality of paragraph (1), sanitary conveniences shall not be suitable unless—

(a)the rooms containing them are adequately ventilated and lit;

(b)they and the rooms containing them are kept in a clean and orderly condition; and

(c)separate rooms containing conveniences are provided for men and women except where and so far as each convenience is in a separate room the door of which is capable of being secured from inside.

(3) It shall be sufficient compliance with the requirement in paragraph (1) to provide sufficient sanitary conveniences in a workplace which is not a new workplace, a modification, an extension or a conversion and which, immediately before this regulation came into force in respect of it, was subject to the provisions of the Factories Act 1961, if sanitary conveniences are provided in accordance with the provisions of Part II of Schedule 1.

Single sex facilities are for members of the same sex. This guidance looks like you are allowing mixed sex toilets. What do you have in place to ensure you comply with this legislation? 

 

Can I also ask how the SQA are complying with section 20 of The Workplace (Health, Safety and Welfare) Regulations 1992? 

Sanitary conveniences

20.—(1) Suitable and sufficient sanitary conveniences shall be provided at readily accessible places.

SQA has two locations, Shawfair, in Edinburgh and Optima in central Glasgow.

Our Shawfair facility was built to building regulations and features separate facilities for men and women with cubicles and a bank of sinks on each floor. Each floor also has a lockable gender-neutral accessible toilet with handwashing facilities. 

The Optima building where we are a tenant, the sanitary facilities are managed by the landlord. Of the five floors we occupy, each feature separate facilities for men and women with lockable cubicles and a bank of sinks on each floor. Two floors also have a lockable gender-neutral accessible toilet with handwashing facilities, and these floors can be accessed by elevator. 

(2) Without prejudice to the generality of paragraph (1), sanitary conveniences shall not be suitable unless—

(a)the rooms containing them are adequately ventilated and lit;

The toilets in both buildings contain modern lighting fittings and external ventilation fans. Additionally, the accessible toilets in Shawfair also feature external windows which can be opened for supplementary ventilation. 

(b)they and the rooms containing them are kept in a clean and orderly condition; and

The Shawfair toilets are cleaned throughout the day and at the end of each day. 

Cleaning supervisors submit forms daily detailing any maintenance issues identified. 

The Optima toilets are managed by the landlord and cleaned during office hours. 

In Shawfair, facilities are checked by our mechanical and electrical contractor weekly, and any necessary repairs undertaken or arranged at that time. 

In Optima, any issues are raised with the building manager who is required to arrange repairs within a reasonable timeframe.

(c)separate rooms containing conveniences are provided for men and women except where and so far as each convenience is in a separate room the door of which is capable of being secured from inside.

Each building features separate facilities for men and women with lockable cubicles.  Individual gender-neutral accessible toilets are available, which contain handwashing facilities, and which are also lockable.  

(3) It shall be sufficient compliance with the requirement in paragraph (1) to provide sufficient sanitary conveniences in a workplace which is not a new workplace, a modification, an extension or a conversion and which, immediately before this regulation came into force in respect of it, was subject to the provisions of the Factories Act 1961, if sanitary conveniences are provided in accordance with the provisions of Part II of Schedule 1.

Single sex facilities are for members of the same sex. This guidance looks like you are allowing mixed sex toilets. What do you have in place to ensure you comply with this legislation? 

Each building features separate facilities for men and women with lockable cubicles. Individual gender-neutral accessible toilets are available which contain handwashing facilities and are also lockable.