All-gender toilet facilities in the workplace
This guidance explains what all-gender toilet facilities are and when they should be provided 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.
Gendered violence
Work-related gendered violence is any behaviour, directed at any person, or that affects a person, because of their sex, gender or sexual orientation, or because they do not adhere to socially prescribed gender roles, that creates a risk to health and safety. Employers have duties to prevent work-related gendered violence.
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:
- How likely is it that the hazard or risk will happen?
- If the hazard or risk happened, how much harm would it cause?
- 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?
- The availability or suitability of ways to eliminate or reduce the risk?
- 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.
Case studies
- Case study 1 – All-gender toilets in a small business
Lou runs a small retail business with 3 employees. There is one accessible toilet in the workplace, which is used by Lou and the employees. Lou has read the compliance code and is comfortable that the single toilet meets the minimum requirements. As the signage on the toilet is looking tired, Lou and the employees talk about ordering a new sign. They decide on a sign that:
- has symbols of a toilet and a wheelchair
- says 'All-gender toilet'
- includes braille.
- Case study 2 – Temporary all-gender toilets
Blair manages a workplace where the number of employees varies throughout the year. The work is mainly outdoors. There are some permanent toilets but during the busy season portable toilets are also brought in. Before the busy season starts, Blair sits down with the permanent employees to talk about how many toilets are needed this year.
While the portable toilets have had gendered signage in the past, they have been used by whoever needs them. Blair suggests that this year they could make it clear that some of the toilets are all-gender. Some employees do not think this is necessary. But after some discussion about the benefit of offering all-gender toilets, everyone agrees to give it a try. The team also discusses providing sanitary disposal bins in all the toilets, not just the female and all-gender toilets. Blair explains that doing this makes sure everyone has the facilities they need.
Blair prints some new signs and updates the site map to ensure everyone is aware there are designated all-gender toilets available. They also ensure all the toilets have sanitary disposal bins. Blair updates the induction pack for the temporary workers to include information about the new all-gender toilets. During the site induction, Blair points out the new all-gender toilets. They also explain that feedback on the new toilets is welcome and this can be given to them, or through the anonymous suggestion box in the tea room.
At the end of the busy season, Blair plans to run a de-brief session with all the employees. One of the items on the agenda is the all-gender portable toilets and how they worked. Blair also makes a note to ask the employees if they think any of the permanent toilets should be converted to all-gender.
- Case study 3 – All-gender toilets when looking for a new workplace
Alex is the CEO of a small company that employs 25 people. The company is looking for a new building as they have outgrown their current one. Alex checks the compliance code to see what facilities need to be provided for employees' health and safety. Alex checks the toilet ratios in the code and notices that at least one all-gender toilet should be provided because the company employs more than 10 people.
At an all-staff meeting Alex asks the employees what kind of facilities they would like to see in the new building. Some of the staff also suggest all-gender toilets. Alex adds all-gender toilets to the list of 'must haves' for the new building. They note that the building needs to have at least one all-gender toilet. This could be:
- already available
- able to be installed, or
- created by repurposing existing female or male toilets, if the building provides more than the minimum number of female and male toilets required.
- Case study 4 – Repurposing toilets in existing buildings
Casey is the Facilities Manager for an organisation with about 300 employees spread across 2 office buildings. The smaller office houses around 40 employees and the larger over 250. The health and safety committee have recently raised the issue of all-gender toilets. The committee noted that the minimum number of all-gender toilets according to WorkSafe's compliance code are not being met.
The company owns the smaller office but rents the other. Casey does a walk-through of each of the offices with their team. In the office the company owns Casey notices a supply cupboard next to the female toilets, which is not being used and could be turned into an all-gender toilet. There is still some money in the facilities budget, so Casey organises quotes for the work and takes the suggestion to the CEO for approval.
Because the other building has over 250 employees working there, at least 5 all-gender toilets will be needed. The building already provides more than the minimum female, male and accessible toilets. Casey meets with the building owners to see if any of the existing toilets could be re-purposed as all-gender facilities, or if new facilities could be created. After considering the building plans they decide the best option would be to try and re-purpose some of the existing facilities. Together they come up with two options which would provide 5 all-gender toilets. Casey takes these options to the CEO and then back to the health and safety committee for consideration. At the end of this process, a decision is made to re-purpose a block of three male toilets on the first floor and a block of two female toilets on the third floor as all-gender toilets. Casey works with the communications team to provide information for employees about the new all-gender toilets in both buildings. This includes information about:
- where the female, male and all-gender toilets are
- why all-gender toilets are important, and
- other ways the organisation can support gender diverse employees.
- Case study 5 – Existing buildings with toilets that cannot be modified
Morgan is a HR Coordinator at an organisation that employs 80 people. One of their projects is to make sure the organisation is providing the correct facilities for their employees. They read the compliance code and notice the building they work in does not have any all-gender toilets, just accessible ones. To better understand the make-up of the workplace and the views of the employees on the facilities provided, they organise an anonymous survey. The results of the survey show that the employees don't have strong opinions about whether all-gender toilets should be provided. But having read the compliance code, Morgan understands this is something the organisation needs to consider.
Along with their manager, they meet with the owner of the building to see if any of the existing toilets could be re-purposed as all-gender facilities, or if new facilities could be created. Morgan learns that the building only has the minimum number of female, male and accessible toilets, so none can be re-purposed. The owner also says it would be far too expensive to do any renovations to create new all-gender toilets.
Morgan's manager organises a meeting with their team and the HSRs to brainstorm other ways they can ensure gender diverse employees are supported in their workplace. With the help of the HSRs, they present these ideas to the employees at the next all-staff meeting and run an anonymous poll. The idea with the most votes is for accessible toilets to be available to employees who do not want to use a gendered toilet.
Morgan drafts an email to be sent to all employees to explain that employees should use the toilet they are most comfortable using. If any employee feels uncomfortable using the female or male toilets, they can use the accessible toilets. If anyone feels uncomfortable about this, they are encouraged to talk to the HSRs, their manager or the HR team. This information is also added to the information sheet for new employees. The team make a note to review the trial in 6 months to see how it is working.