All-gender toilet facilities in the workplace

All-gender toilet facilities explained

An all-gender toilet facility is a toilet which does not have gendered signage and can be used by a person of any gender. They might also be called 'all-genders' toilet facilities or 'gender neutral' toilet facilities.

They can be single-user facilities, or multi-stall facilities. They should:

• contain a sanitary disposal unit, and
• be ambulant accessible, where possible.

Ambulant accessible toilet facilities are slightly larger than a regular toilet facility. The toilet itself is higher and there are grab rails on either side. There is often one ambulant accessible toilet in multi-stall toilet facilities.

All-gender toilets do not need to contain a urinal.

All-gender toilet signage

The signage for all-gender toilets should have:

• a symbol or symbols showing what amenities are inside. For example, a toilet, change facilities, shower, etc.
• the words 'All-gender', 'All gender', 'All-genders' or 'All genders' above or below the symbols, and
• include braille.

All-gender toilets and accessible toilets are different

An accessible toilet is a toilet which is fully accessible by people with disability or access needs. This includes people who use mobility aids. An accessible toilet can be accessed by people of any gender identity. The signage for these toilets is usually a wheelchair.

While accessible toilets can be used by persons of any gender identity, a person who does not have accessibility needs may not feel comfortable using one. This is because accessible toilets need to be available for use by people with accessibility needs. If an accessible toilet is the only all-gender toilet option available, this can limit toilet access for both people with accessibility needs and people who do not want to use a gender-specific toilet. Providing separate accessible and all-gender toilets gives all employees access to an appropriate toilet facility

Why all-gender toilets are important

All employees need to have access to clean and hygienic toilet facilities at work. Employees will have different needs when it comes to access to toilet facilities at work. This may be because of their gender identity, access needs or faith or religion. Employees should be given access to toilet facilities that are appropriate for their needs, so far as is reasonably practicable.

Gender identity is how an individual thinks, feels and sees themselves in relation to gender. Employees may identify as women, men, non-binary, transgender or gender diverse. Gender identity can change over time.

Gender identity can influence a person's gender expression. Gender expression is how a person presents themselves in relation to gender. This can be through clothing, physical appearance or behaviour.

All-gender toilet facilities are important for non-binary, gender diverse and some transgender people to feel included and safe in the workplace.

It can be distressing for an employee if they do not have access to an appropriate toilet and need to use a toilet facility that doesn't align with their gender identity. This can lead to:

• feelings of discomfort or exclusion, and
• fear of, or actual discrimination and gendered violence from others in the workplace.

It may also result in employees not using a toilet when they need to. This can affect an employee's physical and psychological health. It can also have a negative impact on their work performance.

A failure to provide suitable toilet facilities may also be considered discrimination. Employers need to consider other relevant laws (both state and federal) that may also apply to providing toilet facilities in the workplace. More information about gender identity discrimination can be found on the Victorian Equal Opportunity & Human Rights Commission website.

When to provide all-gender toilets in the workplace

The Workplace facilities and the working environment compliance code (the compliance code) sets out what WorkSafe considers to be the minimum number of toilets, urinals, and washbasins that need to be provided for employees in a workplace, so far as is reasonably practicable. The compliance code provides information about the number of female, male and all-gender toilets that should be provided. The number of all-gender toilets that should be provided in a workplace depends on how many employees usually work there.

Workplaces with 1-10 employees

A single all-gender toilet may be provided for all employees instead of separate female and male toilets. If only one toilet is provided, this needs to be a fully accessible toilet.

Workplaces with more than 10 employees

At least one all-gender toilet per 50 employees (or part thereof), should be provided, so far as is reasonably practicable. These all-gender toilets are in addition to the minimum number of female, male and accessible toilets. For example:

• A workplace with 30 employees usually working there should have at least one all-gender toilet.
• A workplace with 150 employees usually working there should have at least 3 all-gender toilets.

Providing only all-gender toilets

WorkSafe recommends employers and persons with management or control of workplaces provide female, male and all-gender toilets, where reasonably practicable. This ensures all employees have access to appropriate and affirming toilet facilities.

Providing only all-gender toilets may not meet the needs of all employees.

National Construction Code

The National Construction Code also sets minimum requirements for facilities in certain buildings.

Consultation

Employers must consult with their employees and any Health and Safety Representatives (HSRs) about certain matters that affect or are likely to affect them. This includes consulting employees when:

• making decisions about the adequacy of facilities for the welfare of employees
• proposing changes to the workplace that may affect the health or safety of employees.

Consultation gives employees the chance to shape health and safety at work. Telling employees you've made health and safety decisions and taken action isn't consultation. If your workplace has HSRs you should work with them to decide on the best type of consultation for your workplace.

Consulting about the toilet facilities in your workplace will help you understand the needs and preferences of your employees. Some employees may not feel comfortable discussing their needs and preferences about toilets. Employers should consider using different methods such as anonymous surveys that allow employees to contribute without being identified.

The concept of reasonable practicability

'Reasonable practicability' or considering what is 'reasonably practicable' is a legal concept and a requirement under some parts of the Occupational Health and Safety Act 2004 (OHS Act) and Occupational Health and Safety Regulations 2017. Simply, it means doing what a reasonable person in the same position would do.

The OHS Act lists 5 matters to consider when working out what is reasonably practicable. Those 5 matters are:

1. How likely is it that the hazard or risk will happen?
2. If the hazard or risk happened, how much harm would it cause?
3. What does the person with a duty know, or should reasonably know, about the hazard or risk and the ways to eliminate or reduce it?
4. The availability or suitability of ways to eliminate or reduce the risk?
5. What is the cost of eliminating or reducing the hazard or risk?

The answers will help decide what is reasonably practicable. They will help work out what a reasonable person in the same position would do to provide and maintain a safe and healthy work environment.

When considering if providing all-gender toilets is reasonably practicable, employers and people with management or control of workplaces should consider:

• the number of employees at the workplace
• the make-up of the workforce
• the type of workplace
• feedback from employee consultation
• the cost of any renovation or construction required
• what hazards and risks could happen from not providing all-gender toilets. For example:
  • potential for discrimination and gendered violence
  • impacts on workplace culture
  • increased employee turnover.

It may not always be reasonably practicable to provide all-gender toilets. If an employer considers that it is not, they should ensure other measures are in place to protect the health and safety of gender diverse employees. These could include:

• Consulting with employees about alternative solutions, such as the use of accessible toilets, female or male toilets or other all-gender toilets located nearby.
  • Where gender diverse employees are comfortable to do so, consult directly to find solutions that work for them.
• Developing and implementing policies and procedures to prevent harmful behaviours in the workplace. For example, policies and procedures on gendered violence, bullying, harassment and discrimination.
  • These policies and procedures should promote reporting and bystander intervention of harmful behaviours.
• Providing a method for employees to report issues or concerns about toilet facilities. This should include an option for employees to make an anonymous report.
• Providing information and training on gender equality and inclusion in the workplace.
• Providing information and training about all-gender toilets and the various hygiene needs that employees may have.
• Leaders actively promoting an inclusive culture in the workplace.