Employers have a legal duty to ensure the health, safety and wellbeing of their employees at work, so it is important to ensure that working temperatures are reasonable. Legislation does not currently stipulate a maximum temperature in workplaces but the TUC suggests this should be introduced to keep employees safe and healthy in extreme temperatures.
Section 7 of The Workplace (Health, Safety and Welfare) Regulation 2002 states that the temperature inside a building should be ‘reasonable’ but does not specify a maximum temperature. Legislation provides that a workplace should be adequately insulated where necessary, in relation to the type of work carried out and excessive effects of sunlight on temperature should be avoided. It also suggests that thermometers shall be provided in the workplace to enable people to determine the temperature in any workplace inside a building.
Weather conditions
Extreme weather is a mental health as well as a physical risk: research
While the HSE does not provide guidance regarding a maximum temperature, it does state that high heats are a hazard. It recommends temperature risk assessments are undertaken to include a heat stress checklist to protect employees.
In practical terms, employers should act on assessments to implement seasonal controls for high heats, such as fans or air conditioning where appropriate. This in turn, should assist with consistent productivity in the workplace and minimise the risks of heat- induced illness.
As we move into another heatwave across the UK, employees must know their rights around working conditions.
Employers should provide cooling measures and drinking water, allow frequent breaks and adjust dress codes where appropriate.
We are hearing our clients report that office occupancy is increasing through the heatwaves with modern air-conditioned offices providing a more comfortable working environment compared to working at home with old-school fans”
Interestingly, we are hearing our clients report that office occupancy is increasing through the heatwaves with modern air-conditioned offices providing a more comfortable working environment compared to working at home with old-school fans.
For outdoor manual labourers, the risks are greater, which encourages the need for adjusted schedules or additional breaks. Employers should be providing their employees with necessary protective gear such as lightweight breathable clothing, hats or sunscreen to reduce heat exposure where possible. Importantly, health should be monitored in these conditions to recognise signs of heat stroke and associated symptoms.
Further, extreme high temperatures can also impact the infrastructure, causing disruptions to public transport, energy grids and building operations. Extreme heat can even impact road surfaces which can cause further safety hazards.
In response to these challenges, some employers are opting to have their staff work from home to reduce the burden on public transport and ensure employee safety.
Vulnerable employees with (such as those who are pregnant or who have health conditions) should be considered, as they may face heightened health risks and accessibility challenges during warmer temperatures. Employers should opt to make necessary reasonable adjustments in this instance, for example to allowing employees to work from home or offer flexible working hours.
Remote working not only minimises exposure to extreme heat during commutes but also allows businesses to maintain productivity while adapting to the limitations imposed by the extreme weather conditions. This highlights the growing need for adverse weather policies and flexible working policies in the workplace.
In summary, employers have both a common law duty to take reasonable care for the health and safety of employees (as well as customers and visitors) and a statutory duty to ensure, as far as is reasonably practicable, the health, safety and welfare at work of all employees.
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