How hot is ‘too hot’ when it comes to the workplace?
The weather this summer has been largely unpredictable to say the least, with alternating periods of either torrential rain or scorching sun, or even perhaps a bit of both on the same day. However, one common theme that you may have picked up on is the increasing temperatures throughout the UK.
In fact, this month the Met Office had reported temperatures exceeding 30 degrees Celsius in some parts of the UK. While these temperatures might make for a perfect for a beach day, the same might not be said for a day in the office. With that in mind, employers should be alert to their duties under health and safety legislation to protect their workers.
What temperature does it need to be to make it ‘too hot’ to work?
Put shortly, there is no defined limit on the maximum temperature that it can be in the workplace. The Workplace (Health, Safety and Welfare) Regulations 1992 note that the temperature of all inside workspaces should be “reasonable” but then fails to offer an upper threshold.
Contrastingly, the accompanying Code of Practice, drafted by the Health and Safety Executive (HSE), explains that inside workplaces should be a minimum temperature of at least 16 degrees Celsius, or 13 degrees Celsius if the work requires “rigorous physical effort”. Although, it is notable that these lower temperatures are only guidelines and will not apply where it is impractical to maintain such temperatures, for example, if lower temperatures are needed to preserve temperature-critical stock or products. That being said, employees should still be provided with appropriate clothing and/or protective equipment to ensure they are not put at risk from the low temperatures.
What should employers do throughout periods of excessive heat?
Despite the absence of a definitive upper temperature range, employers will still need to be mindful of their legal obligations under the Health and Safety at Work Act 1974, which establishes a duty to provide a safe workplace and a healthy working environment for employees. The scope of this duty is inclusive of an obligation to protect employees from high temperatures.
Specifically, employers must ensure that risk assessments are carried out for all women of childbearing age (inclusive of anyone who is pregnant, breastfeeding or who has just had a baby) and other employees who are vulnerable or suffer from a disability which may particularly be affected by excessive heat, to identify and mitigate any risks of harm.
The HSE guidance also recommends some general measures which employers could adopt to mitigate the risks caused by high temperatures. Some of these recommendations include:
• Utilising fans and/or other cooling systems;
• Using window blinds to deflect direct sunlight;
• Moving workspaces away from locations with direct light;
• Introducing flexible hours or early/late starts to avoid high or low temperatures; and
• Relaxing dress codes to allow for fewer or more layers.
If your business requires support in navigating the health and safety legislation, policy updates or training, please contact our Employment team on 01752 292201 or clientservices@wolferstans.com.