Heatwave! Advice hot off the press...
Released On 15th Jul 2022
Being British, means it is in my DNA to enjoy talking about the weather. We've been waiting and waiting for the Great British Summer to arrive and now it is here; cue the onslaught of complaints that it is too hot! Weather you like them or not, here come the puns and some advice for employers on managing staff in a heat wave.
What does the law actually say about temperature at work?
Actually, it says very little - there's no specific maximum legal temperature. The Health and Safety Regulations and the recommendation from the Health and Safety Executive is for employers to maintain a "reasonable" temperature within the workplace.
A number of MPs recently signed a motion for the Government to introduce legislation to ensure a maximum working temperature of 30 degrees Celsius, or 27 degrees Celsius for those doing strenuous work. Beyond which employers would have a statutory duty to introduce effective control measures. We will wait to see what happens in this regard, perhaps they are saving that discussion for a rainy day...
Whilst this discussion is pending you will still need to ensure that you are keeping the temperature at a comfortable level for your staff and providing clean and fresh air. This is because you are responsible for your employees' welfare.
Whether the temperature is reasonable in your workplace will depend on the activity and the environmental conditions. You may need to consider carrying out a thermal comfort risk assessment (further details about this can be found on the HSE website). This will involve asking your employees if they are comfortable with the thermal environment in order to assess the risk of discomfort. The results may mean that you need to carry out a more detailed risk assessment and put adjustments in place to improve comfort.
If you have any specifically vulnerable staff, such as those who are pregnant or suffering from the symptoms of menopause, then you should already have undertaken specific risk assessments for them. You may need to adjust their working conditions and/or your working practices in order to minimise risk for them.
What practical steps can you take to cool things down and avoid getting yourself into a hot mess?
Consider whether temporary flexible working is an option for your staff/ Can you alter their hours to avoid working or commuting at the hottest times of day? Can they work from home?
Consider relaxing any formal dress code and moving desks away from direct sunlight or sources of heat. Clearly if there is specific PPE that your employees must wear, a relaxed dress code isn't likely to be an option.
If you don't have inbuilt air conditioning then ensure windows are open, radiators switched off and fans or temporary air conditioning units are brought in, if possible. You should also provide cold water in the workplace and encourage staff to drink plenty of it to prevent dehydration.
If you have staff who work outside, again think about their working hours, can they do their work at cooler times of the day? Employers have an obligation to do everything reasonably practical to ensure a safe and healthy workplace. Do you have areas of shade or cool rooms where they can recover? Are you providing water and sun cream? Make sure your monitor employees for heat exhaustion and if they exhibit any signs of this then ensure that they immediately stop work and are allowed time to recover without loss of pay.
If you require any help or assistance regards this topic or anything else employment law related, then please contact our Employment Law team. Otherwise, we hope you enjoy this heat wave!
