Managing staff during hot weather
Temperatures are set to rise to around 40°C in parts of the UK this week, with rare, red extreme weather warnings in place for parts of England and Wales. To mitigate the impact this could have on the workplace, employers should take proactive steps to manage the risks associated with hot weather and ensure appropriate controls are in place to protect their workforce and remain compliant with the law. Here, Stacie Cheadle, Technical Writer, looks at what these issues are and what employers can do to overcome them.
Background
Working during hot weather can result in several issues, from serious illnesses and injuries to absences that could have lasting impacts. Being prepared in such situations will help to minimise the impact that these problems can have on your organisation.
Legal requirements and guidance on temperature
My employee has complained that the temperature in the office is too hot and that it is over the legal maximum temperature. Is this right and what do I need to do to manage it?
UK law does not specify a maximum temperature at which work must stop. However, there are clear legal duties that employers must comply with to manage the risks associated with heat.
Under the Workplace (Health, Safety and Welfare) Regulations 1992, employers must ensure that the temperature in indoor workplaces is “reasonable.” Similarly, under the Management of Health and Safety at Work Regulations 1999, employers are required to assess workplace risks (including temperature) and implement appropriate control measures.
Government guidance for employers reiterates that there is no legal maximum working temperature but employers must maintain a comfortable working environment and provide adequate ventilation and fresh air. Employers must therefore take reasonably practicable steps to control exposure and protect employee health and safety.
Employees refusing to come to work due to extreme heat
We have a small group of employees who are saying that legally they do not have to attend work when the weather is too hot. Is this true?
The law protects employees and workers from detriment (eg being dismissed or having pay withheld) if they refuse to come to work where they have a reasonable belief that the workplace poses a serious and imminent threat to their health which they cannot reasonably be expected to avert.
Where the protection applies, and a dismissal takes place or wages are withheld, the employee would be entitled to make a claim to an employment tribunal and it is likely that they would be successful. In order to defend a claim, the employer must show that the employee’s belief that the workplace posed a danger was not reasonable. An employer can do this by showing what measures it had taken to ensure its employees’ safety during excessive heat or showing that the employee could reasonably have averted the threat.
Where an employee has concerns about their safety in excessive heat, you should explain to them the measures that are in place to protect them and, where necessary, make more adjustments dependent on the employee’s personal circumstances.
A few things you can do to make the environment more comfortable include:
providing fans which can be desk, pedestal or ceiling-mounted
providing air conditioning
ensuring there is adequate ventilation
ensuring windows can be opened to keep air circulating
positioning workstations away from direct sunlight and heat sources
insulating sources of heat such as hot water piping
providing cold water dispensers, etc.
If staff members ask if they can work from home rather than coming into the office, unless there is something in their contracts that allows them to work from home when it’s hot outside, then you have no obligation to agree to any requests. Bear in mind that you have a duty to make reasonable adjustments for disabled employees, so if working from home during a heatwave would be a reasonable adjustment for someone with a disability, then you must allow it. The specific disability and the employee’s role would be a key element in your decision here.
Safety hazards and hot weather
With the hot weather forecast for this week, I want to make sure that I am doing everything I can to keep my employees safe and productive at work. What are the safety hazards I should be aware of and how can I manage them?
One of the primary risks associated with hot weather is heat stress. This occurs when the body is unable to regulate its internal temperature and can lead to symptoms such as fatigue, dizziness, headaches and confusion. In more serious cases, it can progress to heat exhaustion or heatstroke.
Hot conditions can also contribute to fatigue and dehydration, impairing concentration and physical performance, increasing the likelihood of errors and incidents. Certain groups may be more vulnerable to heat-related risks, including those with underlying health conditions, pregnant workers and older individuals. Employers should provide employees with information, instruction and training on recognising the signs of heat-related illness and what actions to take if symptoms occur.
Where practical, steps should be taken to reduce workplace temperatures, eg through ventilation, fans, air conditioning, or by limiting heat sources within the work environment.
A key measure to consider is to adjust work patterns, where possible, and provide frequent rest breaks and access to cool, shaded or air-conditioned rest areas, allowing employees to recover from heat exposure.
Maintaining adequate hydration is also essential. Providing ready access to cool drinking water and encouraging staff to drink regularly, even before they feel thirsty, will keep dehydration at bay and help manage the ill-effects of the heat.
Administrative controls can also be effective, such as rotating tasks more frequently to decrease an employee’s exposure to potentially harmful temperatures, reducing the duration of exposure to heat and allowing flexible working arrangements where appropriate.
Published on Croner (https://app.croneri.co.uk)
Feature Articles > Answering your questions on managing staff during hot weather