The short answer
Almost every business that employs people, or controls premises where people work, must comply with the Workplace (Health, Safety and Welfare) Regulations 1992 (SI 1992/3004). The main exceptions are construction sites, ships and underground mineral extraction, with lighter requirements for temporary, farming and forestry sites.
The Regulations set the basics of a safe and healthy working environment: ventilation, temperature, lighting, cleanliness, space, workstations, floors, doors, windows and traffic routes, plus welfare facilities such as toilets, washing facilities, drinking water and rest areas. This guide explains who must comply, what counts as a workplace, and what each part of the Regulations asks of you.
The Regulations apply in Great Britain. Northern Ireland and the Republic of Ireland have their own equivalent rules, covered at the end of this article.
Who has to comply?
Regulation 4 puts the duty on two groups: employers, and anyone else who has control of a workplace.
- Employers. Every employer must ensure that each workplace under their control, where any of their employees work, meets the Regulations.
- Anyone with control, to any extent. This covers a person who controls a workplace in connection with a trade, business or other undertaking, whether or not it is run for profit. Landlords, building owners and managing agents are caught, but only for the matters within their control, such as shared toilets, stairs, lobbies and ventilation plant.
- Tenants. A tenant employer is responsible for the workplace they control. Toilets and other facilities can be provided by a landlord or a neighbouring business, but the employer remains responsible for making sure they meet the standard.
- Self-employed people. The “control” duty does not apply to a self-employed person in respect of their own work or the work of their partners. A sole trader who employs staff is still an employer and is covered.
If your employees work at premises you do not control, such as a client’s site, these Regulations do not place a duty on you for that site. HSE guidance says you should still take the steps needed under your general health and safety duties to make sure your people have access to toilets and washing facilities.
What counts as a workplace?
The Regulations apply to every workplace unless regulation 3 says otherwise. Under regulation 2, a workplace is any premises, or part of premises, that is not domestic premises and is made available to a person as a place of work. That includes any place within the premises the person can access while at work, and any room, lobby, corridor, staircase or other route used to reach it or where facilities are provided for it.
In practice that means:
- “Premises” includes outdoor places, not just buildings.
- Domestic premises are outside the Regulations. A private dwelling is not a workplace, so people working from home are not covered. Hotels, nursing homes and the kitchens of hostels or sheltered accommodation are covered.
- Shared areas count. Common parts of shared buildings and private roads and paths on industrial estates and business parks are workplaces.
- New work on an existing building must comply. A modification, extension or conversion must meet the relevant requirements as soon as it is in use, and regulation 4A requires any building used as a workplace to have stability and solidity appropriate to its use.
Exclusions and lighter requirements
| Situation | What applies |
|---|---|
| Ships | Excluded, except regulations 8(1) and (3) (lighting) and 12(1) and (3) (floors and traffic routes) for repair, refit and similar operations in shipyards and dock premises |
| Construction sites where the only activity is construction work | Excluded, except regulations 18 (doors and gates) and 25A (disabled persons). Indoors, regulations 7(1A), 12, 14, 15, 16, 18, 19 and 26(1) also apply |
| Below ground at a mine | Excluded, except regulation 20 (toilets), applied so far as reasonably practicable for “readily accessible” |
| Quarries | Regulation 12 applies only to floors and traffic routes inside buildings; regulation 20 as modified above |
| Aircraft, trains, trailers and licensed vehicles used for transport | Regulations 5 to 12 and 14 to 25 do not apply. Regulation 13 applies only when stationary inside a workplace and not on a public road |
| Outdoor farming and forestry workplaces away from the main buildings | Regulations 5 to 19 and 23 to 25 do not apply. Regulations 20 to 22 (toilets, washing, drinking water) apply so far as reasonably practicable |
| Temporary work sites | Regulations 20 to 25 (welfare facilities) apply so far as reasonably practicable |
If construction work is under way inside an otherwise normal workplace, HSE guidance treats it as a construction site, and so excluded, only if it is fenced off. Otherwise both these Regulations and the Construction (Design and Management) Regulations 2015 apply.
What the Regulations require
Regulations 4A to 25A set the standards. Many use words like “suitable”, “sufficient” or “reasonable”, and regulation 2(3) says these must be judged for everyone using the workplace, including disabled people.
| Reg | Topic | Core duty |
|---|---|---|
| 4A | Stability and solidity | A building used as a workplace must have stability and solidity appropriate to its use |
| 5 | Maintenance | Keep the workplace, and equipment, devices and systems that prevent or reduce hazards, in efficient working order and good repair, with a suitable maintenance system where appropriate |
| 6 | Ventilation | Enclosed workplaces need a sufficient supply of fresh or purified air, with a warning device if ventilation plant fails where this matters for health or safety |
| 7 | Temperature | Keep indoor temperatures reasonable during working hours, insulate where necessary, avoid excessive sunlight effects, avoid harmful heating fumes and provide enough thermometers |
| 8 | Lighting | Suitable and sufficient lighting, natural where reasonably practicable, plus emergency lighting where a lighting failure would expose people to danger |
| 9 | Cleanliness and waste | Keep the workplace, furniture and fittings sufficiently clean, make surfaces cleanable and keep waste in suitable receptacles |
| 10 | Room dimensions and space | Every workroom needs enough floor area, height and unoccupied space for health, safety and welfare |
| 11 | Workstations and seating | Workstations suitable for the person and the work, outdoor workstations protected where practicable, and a suitable seat where work can be done sitting |
| 12 | Floors and traffic routes | Suitable surfaces with no hazardous holes, slopes or uneven or slippery areas, effective drainage where needed, kept free of obstructions, handrails on staircases |
| 13 | Falls or falling objects | Tanks, pits and similar structures holding a dangerous substance must be securely covered or fenced where practicable. Work at height is covered by the Work at Height Regulations 2005 |
| 14 | Windows and glazed doors and walls | Safety material or protection against breakage where necessary, and marked so they are visible |
| 15 | Windows, skylights and ventilators | Must be possible to open, close and adjust safely, and not create a hazard when open |
| 16 | Cleaning windows | Windows and skylights must be designed so they can be cleaned safely |
| 17 | Traffic routes | Organise the workplace so people and vehicles can move safely, with suitable, sufficient routes, separation of pedestrians and vehicles and signs where necessary |
| 18 | Doors and gates | Suitably constructed with safety devices, including anti-derailment, anti-fall-back and anti-trap features for sliding, upward-opening and powered doors |
| 19 | Escalators and moving walkways | Must function safely, have necessary safety devices and an easily accessible emergency stop |
| 20 | Sanitary conveniences | Suitable and sufficient toilets at readily accessible places, adequately ventilated and lit, kept clean, with separate rooms for men and women unless each is a lockable single room |
| 21 | Washing facilities | Suitable and sufficient facilities near toilets and changing rooms, with hot and cold or warm running water, soap and drying means, and showers where the work or health reasons require |
| 22 | Drinking water | An adequate supply of wholesome drinking water, readily accessible, with cups unless it is a drinking jet |
| 23 | Accommodation for clothing | Suitable and sufficient space for clothing not worn at work and for special work clothing |
| 24 | Changing facilities | Where special work clothing is worn and people cannot reasonably change elsewhere, provide suitable and sufficient changing facilities |
| 25 | Rest and eating facilities | Suitable and sufficient rest facilities, eating facilities where meals are regularly eaten, protection for non-smokers, seating, and rest facilities for pregnant women and nursing mothers |
| 25A | Disabled persons | Parts of the workplace used directly by disabled people, including doors, passageways, stairs, showers, washbasins, lavatories and workstations, must be organised to take account of them |
The numbers: minimum figures in HSE’s Approved Code of Practice
The Regulations themselves rarely give figures. The Approved Code of Practice (ACOP) L24 does, and these are the benchmarks inspectors will expect you to meet or beat.
| Topic | ACOP benchmark |
|---|---|
| Minimum workroom temperature | Normally at least 16°C. At least 13°C if the work involves rigorous physical effort |
| Space per person | At least 11 cubic metres, ignoring any ceiling height above 3 m |
| Floor area for 11 m³ | About 4.6 m² with a 2.4 m ceiling, or about 3.7 m² with a ceiling of 3 m or higher |
| Fresh air supply | Should not normally fall below 5 to 8 litres per second per occupant |
The temperature and space figures are starting points, not guarantees of compliance. The ACOP says 11 m³ may be too little if furniture and equipment take up much of the room, and that 16°C may not give reasonable comfort in every setting. The 11 m³ figure does not apply to retail kiosks, attendants’ shelters, machine cabs or rooms used for meetings and lectures.
Toilets and washbasins
Where men and women both work, the ACOP’s minimum is:
| People at work | Toilets | 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 |
Add one toilet and one washbasin for every 25 people (or part of 25) above 100. Where toilets are used only by men, the ACOP gives an alternative table that includes urinals:
| Men at work | Toilets | Urinals |
|---|---|---|
| 1 to 15 | 1 | 1 |
| 16 to 30 | 2 | 1 |
| 31 to 45 | 2 | 2 |
| 46 to 60 | 3 | 2 |
| 61 to 75 | 3 | 3 |
| 76 to 90 | 4 | 3 |
| 91 to 100 | 4 | 4 |
For men-only provision above 100, add one toilet per 50 men (or part of 50), with at least as many extra urinals.
If you separate groups, such as office and manual staff, calculate for each group. For dirty work that heavily soils the face, hands and forearms, the ACOP raises the washbasin figure to one per 10 people (or part of 10) up to 50 people, then one more per 20 people (or part of 20). If the public also uses your facilities, add more so workers are not kept waiting.
Special situations businesses often ask about
- Visiting delivery drivers. HSE has said it is updating its guidance to make clear that drivers must have access to welfare facilities at the premises they visit for work, drawing on regulations 20 and 21. If you receive deliveries, check what your site offers.
- Facilities that are not on your premises. Toilets and washing facilities do not have to be inside your own workplace, and you can use ones provided by a landlord or neighbour. They must still meet the standard and be available whenever your people are expected to be at work. Public facilities are acceptable only as a last resort.
- Temporary and remote sites. For temporary work sites the welfare duties apply so far as reasonably practicable. For remote workplaces without running water or a nearby sewer, the ACOP expects enough water for washing and enough chemical toilets, emptied and recharged at suitable intervals.
- Home workers. Private dwellings are not workplaces under these Regulations, so they do not cover people working from home. Your wider duties under the Health and Safety at Work etc. Act 1974 still apply.
- Disabled workers. Facilities, workstations and routes must be suitable for disabled people who use them, and regulation 25A requires the relevant parts of the workplace to be organised with them in mind.
- Pregnant women and nursing mothers. Regulation 25(4) requires suitable rest facilities, which the ACOP says should be conveniently placed for toilets and, where necessary, allow a person to lie down.
- Smoking. Where smoking is permitted, non-smokers must be protected from discomfort from tobacco smoke in rest areas.
How compliance is judged
The ACOP has special legal status. Failure to follow the ACOP is not an offence in itself. But if you are prosecuted for breaching health and safety law and did not follow the relevant ACOP provisions, you must show you complied in some other way, or a court will find you at fault. Following the ACOP’s advice is enough to comply on the matters it covers.
Some duties are qualified. Several regulations apply only “so far as is reasonably practicable” or “where necessary for reasons of health or safety. Others, such as keeping workplaces sufficiently clean or providing suitable and sufficient toilets, are unqualified.
Risk assessment drives the detail. The Management of Health and Safety at Work Regulations 1999 require employers and the self-employed to assess risks. HSE expects you to review your arrangements as the workplace changes, and to consult employees in good time on health and safety matters.
Building Regulations set a baseline. The ACOP says the standards in the Building Regulations should be met when complying with the Workplace Regulations, unless a higher standard is needed to protect health, safety and welfare so far as is reasonably practicable.
Is your workplace compliant?
A practical compliance checklist
Use this as a starting point for a workplace walk-round. It is a prompt, not a substitute for a risk assessment of your own premises.
- Confirm who controls each part of the premises (you, a landlord, a managing agent) and who is responsible for what
- Check that no regulation 3 exclusion applies, and note any partial exclusions such as temporary sites
- Put a maintenance system in place for ventilation, emergency lighting, powered doors, fencing, escalators and similar equipment, and keep records
- Measure temperatures near workstations and provide thermometers, and plan for hot and cold spells
- Check lighting, including emergency lighting, and keep windows, lights and fittings clean
- Compare headcount against floor area and the 11 m³ per person benchmark
- Inspect floors, stairs and handrails, and set up routines for spills, obstructions, snow and ice
- Review pedestrian and vehicle routes, crossing points, signs and loading bays
- Check glazing, doors and gates, and window opening and cleaning arrangements
- Count toilets and washbasins against the ACOP tables and confirm they are clean, lit, ventilated and private
- Provide drinking water, clothing storage, changing facilities and rest and eating areas where needed
- Review access and facilities for disabled workers, and rest facilities for pregnant and nursing workers
- Agree who cleans shared facilities, and consult employees on what works in practice
- Review everything when the workplace, headcount or work activity changes
Frequently asked questions
Do the Workplace Regulations apply to small businesses and offices?
Yes. They apply to every workplace except those excluded by regulation 3, and there is no minimum size or number of employees. Shops, offices, schools, hospitals, hotels and places of entertainment are all covered.
Do they apply to people who work from home?
No. Domestic premises are outside the definition of a workplace, so homeworkers are not covered by these Regulations. Your general duties as an employer still apply.
What is the minimum temperature in a workplace?
The Regulations require a “reasonable” temperature indoors during working hours. The ACOP says it should normally be at least 16°C, or 13°C where the work involves rigorous physical effort. The Regulations do not set a fixed maximum, so the question is whether conditions are reasonable.
How many toilets must a workplace have?
The law requires “suitable and sufficient” toilets. The ACOP gives minimums, for example two toilets and two washbasins for 6 to 25 people, and five of each for 76 to 100, with one more of each for every 25 people above that.
Does the landlord or the tenant comply?
Both, for the parts they control. A tenant employer is responsible for the workplace it controls. A landlord or managing agent must make sure common parts and shared facilities within their control meet the standard.
Do the Regulations apply on construction sites?
Mostly not. Construction sites where the only activity is construction work are excluded, apart from regulations 18 and 25A, and some further regulations indoors. Welfare on construction sites is dealt with under the Construction (Design and Management) Regulations 2015.
Northern Ireland and the Republic of Ireland
The 1992 Regulations apply in England, Scotland and Wales. Northern Ireland has its own equivalent, the Workplace (Health, Safety and Welfare) Regulations (Northern Ireland) 1993, which follow a similar structure. In the Republic of Ireland, workplace requirements, including welfare facilities, sit in Part 2, Chapter 1 of the Safety, Health and Welfare at Work (General Application) Regulations 2007 (S.I. No. 299 of 2007). If you operate across several jurisdictions, check the rules for each site.
If you require help identifying legislation applicable to your workplace, please contact one of our team.
This article is general guidance, not legal advice. Check the current legislation and HSE guidance for your circumstances.
