A Load of Hot Air?
With summer fast approaching (he writes while watching Cumulus Nimbus clouds drift past his window) a topic on many employees’ minds is at what temperature are they entitled to stop working? We thought this article would help employers understand their duties, clear up a few myths and might even help hasten the appearance of some sunshine!
Contrary to popular opinion there is no legal limit on the temperature at which your employees can be expected to work. Please do not however take this as an open invitation to, on a hot day, seal your windows, crank up the heating and see which one of your employees passes out first!
The Workplace (Health, Safety and Welfare) Regulations 1992, Regulation 7, lay down particular requirements for most aspects of the working environment and state that:
* During working hours, the temperature in all workplaces inside buildings shall be reasonable.
A reasonable temperature pertains to the environment in which employees work. Therefore whilst it may be reasonable for an employee working in cold storage to work at low temperatures it would not be reasonable to make office workers work in such conditions.
The associated guidance explains:
‘The temperature in workrooms should provide reasonable comfort without the need for special clothing. Where such a temperature is impractical because of hot or cold processes, all reasonable steps should be taken to achieve a temperature which is as close as possible to comfortable.
The temperature in workrooms should normally be at least 16 degrees Celsius unless much of the work involves severe physical effort in which case the temperature should be at least 13 degrees Celsius. These temperatures may not, however, ensure reasonable comfort, depending on other factors such as air movement and relative humidity.’
Where the temperature in a workroom would otherwise be uncomfortably high, for example because of hot processes or the design of the building, all reasonable steps should be taken to achieve a reasonably comfortable temperature, for example by shading windows or providing an air-cooling plant.
Where a reasonably comfortable temperature cannot be achieved throughout a workroom, local cooling should be provided. In extremely hot weather fans and increased ventilation may be used instead of local cooling.
Where, despite the provision of local cooling, workers are exposed to temperatures which do not give reasonable comfort, suitable protective clothing and rest facilities should be provided. Where practical there should be systems of work (for example, task rotation) to ensure that the length of time for which individual workers are exposed to uncomfortable temperatures is limited.
The Health and Safety Executive state that 'An acceptable zone of thermal comfort for most people in the UK lies roughly between 13°C (56°F) and 30°C (86°F), with acceptable temperatures for more strenuous work activities concentrated towards the bottom end of the range, and more sedentary activities towards the higher end.'
So there you have it, the concept of ‘reasonableness’ once again creeps into the vocabulary of the employment lawyer. So however hot you may feel this summer and however many times you are asked about this subject please keep your cool and act reasonably!
For further advice please contact Dan Chapman, Partner and Head of the Employment Law Team, on 01603 610911
dchapman@leathesprior.co.uk
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