Extreme weather at work: What employers need to know

As the UK continues its summer of high temperatures, we examine the limits in the workplace and what steps can be taken to ensure that employers are providing a safe environment for their employees.

While there is no hard and fast limit on what temperatures are permissible, there is guidance to be found in the Regulations and guidance published by the Health and Safety Executive. Being aware of these limits can help ensure a comfortable and compliant environment for both employees and employers.

A starting point

When determining whether a workplace will be considered safe on a hot or cold day, it is helpful to have a baseline from which to base those decisions. While it is deliberately vague, the wording of Regulation 7 of The Workplace (Health, Safety and Welfare) Regulations 1992 provides the following wording:

‘During working hours, the temperature in all workplaces inside buildings shall be reasonable’.

This is the extent of the regulatory position on temperature. While the drafting itself may be unhelpful, it is worth noting that the regulations apply only to work conducted inside buildings. This was expanded on in 2002, which inserted:

‘Without prejudice to the generality of paragraph (1)-

A workplace shall be adequately thermally insulated where it is necessary, having regard to the type of work carried out and the physical activity of the persons carrying out the work; and

                Excessive effects of sunlight on temperature shall be avoided.’

The focus, in standard British fashion, is more on ensuring that the temperature is warm enough rather than on how to keep a workplace cool beyond ensuring the sunlight isn’t excessive. There isn’t any mention of maximum or minimum temperatures here, however.

The Health and Safety Executive

The Health and Safety Executive (HSE) publish their Approved Code of Practice and Guidance for free download online via their website. The code helps to clarify what is expected in the workplace and provides that ‘the temperature inside the workplace should provide reasonable comfort without the need for special clothing. If reasonable comfort cannot be achieved because of hot or cold processes, all reasonable steps should be taken to achieve a temperature which is as close as possible to comfortable’.

This is the first place that provides a number for what is considered an appropriate temperature. Temperatures are stated to be 16 degrees Celsius or above where possible, with more physically demanding workplaces ideally kept at around 13 degrees.

However, this still comes with caveats. Where it is not practical to maintain those temperatures – and the examples given are workplaces open to the outside and in places where food must be refrigerated – it should be as close to those temperatures as is practical. So it is dependant on the workplace and the general circumstances to determine what is a reasonable temperature.

These two sources of information make up much of the published position on the subject. In short, the legal requirements are that a workplace be kept reasonably comfortable where it is practical to do so and with regard to the work that is being carried out.

The general duty of care

Employers have a general duty to provide a safe working environment, safe systems of work and suitable welfare facilities. In practical terms, that means they should not wait until staff are fainting in a heatwave or shivering at their desks before acting.

What should employers do on an ongoing basis?

Workplace temperature is one of the matters that should be considered as part of an employer’s health and safety risk assessment. Heat should be considered similar to any other workplace hazard and must be managed similarly.

Begin by completing a written assessment of temperature related risks. This should consider the nature of the work, the layout of the premises, ventilation, direct sunlight, draughts, machinery that produces heat, areas that are naturally colder, and whether staff work indoors, outdoors or between different environments.

Employers should also think about the workers affected. Some employees may be more vulnerable to temperatures because of pregnancy, disability, medication, age, health conditions, or the need to wear personal protective equipment. A policy that works for most employees may not be sufficient if it overlooks those individual circumstances.

Regular maintenance matters too. Heating, ventilation and air-conditioning systems should be serviced. Windows, blinds, doors, portable heaters, fans and drinking water facilities should be checked before they are needed as a matter of urgency. Employers should have a plan for what happens if equipment fails during extreme weather.

Staff should know who to contact if temperatures become uncomfortable, what temporary measures may be available, and what is expected of them if weather affects travel, attendance or working from home.

This is not a one-off exercise. An employer should keep the position under review, particularly where working conditions change, equipment is moved, staff numbers increase, new premises are used or extreme weather becomes more frequent. Consultation with employees, safety representatives or recognised trade unions can also be important, because those doing the work will often be best placed to identify where the real problems are.

When it is hotter than usual

Hot weather can reduce concentration, increase tiredness and create risks of dehydration, heat exhaustion and accidents. The fact that there is no statutory maximum temperature does not mean that employers can ignore the issue.

Practical steps may include improving ventilation, opening windows where safe to do so, providing fans or air conditioning, using blinds or reflective film to reduce direct sunlight, moving workstations away from heat sources, supplying cool drinking water and allowing additional rest breaks. Where uniform or dress codes apply, employers should consider relaxing them, provided that any required personal protective equipment is still worn.

In some workplaces, the answer may be to change the way work is organised.

Employers might introduce earlier start times, job rotation, shorter periods in hotter areas, additional breaks, temporary homeworking for office staff, or the postponement of non-urgent physically demanding tasks. For outdoor workers, shade, sunscreen, hydration, rest areas and avoiding the hottest part of the day may be necessary.

If staff wear PPE, the employer should remember that PPE can make hot conditions worse. Ensuring that these factors are taken into account is vital to completing a thorough risk assessment.

When it is colder than usual

Cold working conditions can also affect health, concentration and safety. They may be especially problematic in warehouses, reception areas, workshops, loading bays, vehicles, outdoor work and premises with poor insulation.

Employers should provide adequate heating where possible and reduce draughts while maintaining safe ventilation. They may need to supply suitable protective clothing, provide warm rest areas, allow hot drinks, introduce more frequent breaks, rotate staff away from colder areas, or provide specialised footwear or floor coverings where employees stand for long periods on cold floors. Employers should be able to explain why the arrangements are safe and reasonable for that particular workplace.

Different premises, different conditions

Many employers have different premises with slightly different temperature conditions. Generic policies may be useful, but should be tailored to the situation they are applied to.

Each site should be assessed on its own facts. A south-facing office with large windows may raise different risks from a shaded office in the same location. A warehouse with open loading doors may require different controls compared to a carpeted office. A business with premises in different locations may also face different weather warnings, building standards, and commuting risks.

Consistency is still important. Employees should not be left with the impression that one site is taking health and safety seriously while another is ignoring complaints. The better approach is to have an overarching policy, supported by site-specific risk assessments and local arrangements.

Can employees simply leave the premises if they are uncomfortable?

The short answer is if it is so hot/cold that it is dangerous to work then yes, they can. The more complete explanation is found in an application of section 44(1A) of the Employment Rights Act 1996. The relevant section reads as follows:

A worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his or her employer done on the ground that—

(a)in circumstances of danger which the worker reasonably believed to be serious and imminent and which he or she could not reasonably have been expected to avert, he or she left (or proposed to leave) or (while the danger persisted) refused to return to his or her place of work or any dangerous part of his or her place of work, or

(b)in circumstances of danger which the worker reasonably believed to be serious and imminent, he or she took (or proposed to take) appropriate steps to protect himself or herself or other persons from the danger.

So, a worker (which includes employees) must reasonably believe that there is serious and imminent danger as a result of the temperature. It cannot simply be discomfort, it must present a genuine risk to their health and safety. The worker can refuse to return to the place of work effected until such a time that it is made safe or becomes safe.

It also protects employees should they be treated worse as a result of having done so. This would include disciplinary action on behalf of the employer. Both parties should exercise caution when dealing with a situation involving a refusal to work on these grounds. If an employee reasonably believes he was in danger and refuses to work, it may not be enough to prove that, in reality, the danger did not exist. Raising an issue to simply avoid having to work, however, may risk disciplinary action.

Employees should usually take a collaborative approach where possible and raise their concerns to their manager, HR department, or Health and Safety Officer. In many cases, issues can be resolved without reliance on this section.

A practical conclusion

Extreme weather is no longer an occasional inconvenience. As we see record-breaking temperatures in consecutive years, it is an increasingly regular part of life in the UK, and something employers should plan for.

The key steps are straightforward: assess the risks, consult staff, maintain heating and cooling systems, make reasonable adjustments for vulnerable employees, introduce temporary measures when conditions change, and keep records of the decisions made. Employers with more than one site should ensure that each premises is considered individually rather than relying on a panacea.

Above all, employers should remember that ‘no legal maximum temperature’ is not the same as ‘no legal responsibility’. The duty is to provide working conditions that are reasonable and safe. In a heatwave, a cold snap or any other period of extreme weather, that duty remains.

Employers who would like individual advice about any aspect of keeping their employees safe, or how to respond to issues with unhappy employees, can contact the Fraser Dawbarns employment law team through any of the firm’s offices across Cambridgeshire and Norfolk, or by completing our enquiry form, and we’ll be in touch.

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This article aims to supply general information, but it is not intended to constitute advice. Every effort is made to ensure that the law referred to is correct at the date of publication and to avoid any statement which may mislead. However, no duty of care is assumed to any person and no liability is accepted for any omission or inaccuracy. Always seek advice specific to your own circumstances. Fraser Dawbarns LLP is always happy to provide such advice.