With temperatures exceeding 30 degrees and the hottest May day ever recorded on Tuesday, employers should be aware of their obligations to staff during heatwaves.
Tim Copplestone, a partner and employment expert with national law firm Clarke Willmott LLP, says employers have a legal duty to keep their workforce safe.
“In contrast to some nations, there is actually no legal maximum temperature for workplaces in the UK. Health and safety guidance is that a reasonable temperature should usually be at least 16°C, however if the work involves a lot of physical effort, it’s lower at 13°C. What is reasonable also depends on the working environment and type of work. Understandably, some work locations could reasonably be expected to have varying temperatures”, said Tim.
“However whilst there is no strict maximum Celsius degrees threshold, employers do have a legal duty under the Health and Safety at Work Act 1974 to provide a safe workplace, and extreme heat is a hazard that poses a risk to the health and safety of workers. An employer could potentially expose themselves to a personal injury claim if an employee suffers a heat-related illness or injury due their employer’s failure to manage the risk of extreme heat.
“Aside from the more extreme risks, working in hot temperatures can make people feel fatigued and it can impair decision making, which does not promote an energised or productive workplace, and certain industries and working environments naturally pose higher risks.”
Ideally, office workplaces (where the temperature can be more easily managed) will have suitable air conditioning installed to help manage the working environment. Where this isn’t a suitable option due to capacity or cost, HSE has suggested some simple and cheap measures to keep staff cool, including:
- Making sure workplace windows can be opened or closed to prevent hot air from circulating or building up
- Using blinds or reflective film on workplace windows to shade workers from the sun
- Placing workstations away from direct sunlight and heat sources
- Putting insulation around hot pipes and machinery
- Offering flexible working patterns so workers can work at cooler times of the day
- Providing free access to drinking water
- Relaxing dress codes if possible
- Providing weather-appropriate personal protective equipment
- Encouraging workers to remove personal protective equipment when resting (ideally in shaded areas) to cool off
- Sharing information about the symptoms of heat stress and what to do if someone is affected
For workers who are outdoors, risks can be managed by providing regular breaks in the shade, sunscreen, headwear/sun protection, and ensuring that workers stay hydrated.
Tim continued: “Employers need to be alert to the importance of protecting their workforce against extreme heat. It is clear from the last few years that we will continue to get hotter summers and this could have a massive impact on the health of workers and on productivity levels.”
With temperatures and unstable weather on the rise in the UK and globally, it’s clearly not an issue that will cool off in a hurry.
