With temperatures soaring in many parts of the northern hemisphere, working is becoming challenging for many professions. This has led many workers to ask what are the rules over working in excessive heat? For good employers, business leaders are also asking what their duty of care is to their employees?
William Walsh, a partner in the employment team at law firm DMH Stallard, explains to Digital Journal: “All employers have an obligation to ensure the health and safety of their employees in the workplace so far as reasonably practicable.”
He adds that this is important, not only for maintaining employee wellbeing, but also legally: “Failure to do so can not only result in sanctions against the organisation, but also criminal liabilities for directors and managers.”
However, there is an element of judgement when it comes to excessive heat says Walsh: “When it comes to working in hot conditions, there is no maximum working temperature specified in the Health and Safety at Work etc Act 1974. This would be impractical, as some work environments will always involve exposure to high heat, for example those working in glass works. From a risk perspective, there will also be a difference between those undertaking very physical tasks in the heat, compared to those with more sedentary roles.”
Yet business need to tread carefully, Walsh observes: “While there is no specified maximum temperature, this does not mean that heat can be ignored.”
He adds: “The legal responsibilities in respect of health and safety in the workplace still apply and this means carrying out a risk assessment and ensuring that employees work in temperatures that are reasonable and do not place their health and safety at risk.”
The crunch question, says Walsh, is with the type of work: “The nature of the work will be relevant, as will factors such as whether employees need to wear protective clothing as part of their job that may make it harder still for employees to keep cool.”
Giving examples, Walsh cites: “For office workers, employers should also consider dress codes, particularly if the normal requirement is that employees wear long trousers, shirts and ties. Employers need to be aware of the health risks and the warning signs of an employee suffering from heat exhaustion or other physical effects caused by the heat.”
Such concerns also extend to home workers: “Employers need to remember that, if employees are working from home, the health and safety obligations still apply to that working environment.”
Although, remote working is not easy to interpret, notes Walsh: “The risks should be much lower, as home workers are unlikely to be undertaking physical tasks and, even if they were told to stop working, those individuals would still be in their same home environment. But the issue should not be discounted altogether.”
Closing out with an example, Walsh provides the following advice: “If, for example, it was known that an employee was working from their home office set up in a small box room up in a loft conversion, where it could get uncomfortably hot, they should be encouraged to move and, if necessary, given flexibility around their tasks to allow them to do so.”
