Q: Is there a requirement that the kitchen has to be clean (including the sink and surrounding area) under WHS rules?

A: Yes there is. Under Section 41 of Work Health and Safety (WHS) Regulations, a person conducting a business or undertaking (PCBU) has the duty to provide and maintain adequate and accessible facilities.

This means that the person must ensure, so far as reasonably practicable:

• the provision of adequate facilities for workers, including toilets, drinking water, washing facilities and eating facilities; and
• that the facilities are maintained so as to be in good working order, i.e. clean, safe and accessible.

The maximum penalty for failing to provide adequate facilities is $6,000 for an individual or $30,000 for a body corporate.

Please note: The answer is correct at the time of publishing. Be aware that laws may change over time. Refer to Hygiene for current advice.