Quick Answer
Responsibility for welfare compliance usually sits with the employer, occupier, or duty holder in control of a workplace or site. This includes ensuring toilets, handwashing facilities and drinking water are available. When services fail, the responsible party must act promptly to restore welfare standards or put temporary measures in place.
Written by the team at euroloo, supporting commercial and construction sites with welfare and site facilities across the UK.
Welfare compliance is one of the most common areas of confusion when something goes wrong on a workplace or site.
When toilets stop working, water is lost, or hygiene facilities are unavailable, the immediate question is often:
who is actually responsible for fixing this?
This guide explains how welfare responsibility is typically assigned, who is expected to act, and what happens when essential facilities cannot be maintained.
What does “welfare compliance” mean?
Welfare compliance refers to the legal requirement to provide basic facilities that protect the health, safety and
wellbeing of people at work.
This normally includes:
- Working toilets connected to effective drainage
- Handwashing facilities with running water
- An adequate supply of drinking water
- Clean, hygienic welfare areas
These requirements apply across offices, construction sites, commercial premises and operational facilities.
Who usually holds responsibility?
In most situations, responsibility sits with the organisation or individual that has control of the workplace.
This may include:
- The employer
- The site occupier
- The principal contractor
- The duty holder named in site or building documentation
- The facilities or estates management team acting on behalf of the organisation
Responsibility is based on control, not ownership. Even where a fault is external, welfare obligations
usually remain with the party operating the site.
What if the issue is caused by a third party?
Water outages, drainage failures and utility issues are often caused by factors outside a site’s direct control.
However, this does not remove welfare responsibility.
Even if a utility provider or landlord is responsible for repairs, the organisation running the site must still ensure
staff and visitors have access to basic welfare facilities.
In practice, this is why temporary toilets and welfare facilities are commonly used while faults are resolved.
How responsibility is handled in different environments
Construction sites
On construction sites, welfare responsibility typically sits with the principal contractor or site controller.
Welfare facilities must be maintained regardless of utility disruptions.
Commercial buildings and offices
In offices and managed buildings, responsibility usually sits with the occupier or employer, often supported by facilities or property management teams.
Retail, healthcare and public-sector sites
These environments often have higher welfare standards and lower tolerance for disruption, making rapid response particularly important.
What happens if welfare standards cannot be met?
If toilets, handwashing or drinking water cannot be provided, organisations may be required to:
- Restrict access to the site
- Send staff home
- Pause operations temporarily
- Put alternative welfare arrangements in place
Acting early reduces the risk of escalation, disruption and compliance issues.
Why clarity matters
Welfare incidents often escalate because responsibility is unclear.
Organisations that clearly define who is responsible for welfare decisions tend to respond faster, minimise downtime, and avoid unnecessary disruption.
Related guidance
