As the mercury rises many of us are sweltering at work. This blog explores the legal position around safe and recommended temperatures in the workplace.
Temperatures in the indoor workplace are covered by the Workplace (Health, Safety and Welfare) Regulations 1992, which place a legal obligation on employers to provide a ‘reasonable’ temperature in the workplace.
There is no recommended higher workplace temperature because of the temperatures found in places like foundries and glass works. However, that is not the end of the matter as the law requires your employer to risk assess the temperature and to put control measures in place. Things employers must consider are:
- work rate – the harder someone works the greater the amount of body heat generated
- working climate – this includes air temperature, humidity, air movement and effects of working near a heat source
- employee clothing and respiratory protective equipment – may impair the efficiency of sweating and other means of temperature regulation; employee’s age, build and medical factors – may affect an individual’s tolerance.
If you are struggling at work, due to the heat, this is known as ‘heat stress’.
Employers have a legal duty to reduce the risks for example by:
- changing work processes
- Use of air con/fans.
- Use of physical barriers to reduce exposure to radiant heat)
- Allowing employees to enter only when the temperature is below a set level or at cooler times of the day
- Issuing permits that specify how long your employees should work in situations where there is a risk
- Providing periodic rest breaks and rest facilities in cooler conditions
- Preventing dehydration (providing cool water and encouraging workers to drink frequently before, during and after work)
- Providing PPE with personal cooling systems or breathable fabrics.
- Providing training on the risks of heat stress with symptoms to look out for, safe working practices and emergency procedures.
- Monitoring the health of employees
- Identifying employees who may be particularly at risk, because for example they have a particular illness or condition, or they are pregnant.
Effects of heat stress
Heat stress can affect individuals in different ways, and some people are more susceptible to it than others.
Typical symptoms are:
- an inability to concentrate
- muscle cramps
- heat rash
- severe thirst – a late symptom of heat stress
- fainting
- heat exhaustion – fatigue, giddiness, nausea, headache, moist skin
- heat stroke – hot dry skin, confusion, convulsions, and eventual loss of consciousness. This is the most severe disorder and can result in death if not detected at an early stage
What if there has been an accident and I think the heat was to blame
You should contact us straight away for advice on how a personal injury claim in this situation might work. We will look carefully at the HSE requirements and what steps your employer has taken to manage the risk. Whilst claims like this are rare, if a person suffering from heat stress causes an accident at work it follows that the employer will be at least partly responsible, and compensation should follow.
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