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Heat wave warning - what should employers be doing?

As temperatures soar the Department of Health (DoH) has taken the unusual step of issuing a heat wave warning after it was that predicted temperatures are going to continue rising. The Met Office has issued further warnings of high temperatures today (3 July) and has raised the Heat-Health alert to a Level 3; this level is only triggered when it's confirmed that a major heat wave will occur.

These soaring temperatures mean that once again employers will be facing issues surrounding the thermal comfort of their employees. One of the most popular threads on the Workplace Law forum is to do with the issue of whether there is - and should be - a maximum workplace temperature. Though Workplace Law is a resource for employers, the comments contained in the thread show that the issue of thermal comfort is important for both employers and employees.

At the present time by law there is no maximum workplace temperature . The Workplace (Health, Safety and Welfare) Regulations 1992 state, "during working hours, the temperature in all workplaces inside buildings shall be reasonable".

The associated Workplace health, safety and welfare. Workplace (Health, Safety and Welfare) Regulations 1992. Approved Code of Practice goes on to explain:

"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. 'Workroom' means a room where people normally work for more than short periods.

"The temperature in workrooms should normally be at least 16°C unless much of the work involves severe physical effort in which case the temperature should be at least 13°C. These temperatures may not, however, ensure reasonable comfort, depending on other factors such as air movement and relative humidity."

The problem of course is the question of what constitutes a 'reasonable' temperature? What one person deems reasonable may not be the same as what is deemed reasonable by another - this is where difficulties often lie for employers.

HSE guidance on thermal comfort in the workplace, seeks to define what an acceptable temperature is:

"An acceptable zone of thermal comfort for most people in the UK lies roughly between 13°C and 30°C, with acceptable temperatures for more strenuous work activities concentrated towards the bottom end of the range, and more sedentary activities towards the higher end."

Ultimately, it is the responsibility of the employer to ensure that a company adapts as necessary to reduce or eliminate the risk of thermal discomfort amongst its employees.

The HSE advises employers they can ensure the thermal comfort of their employees by:
● placing insulating materials around hot plant and pipes
● providing air-cooling or air conditioning plant
● providing fans, e.g. desk, pedestal or ceiling-mounted fans
● ensuring that windows can be opened
● shading employees from direct sunlight with blinds or by using reflective film on windows to reduce the heating effects of the sun
● sitting workstations away from direct sunlight or other situations or objects that that radiate heat (e.g. plant, machinery)
● providing additional facilities, e.g. cold water dispensers (water is preferable to caffeine or carbonated drinks). Introducing formal systems of work to limit exposure, e.g. flexible working patterns, job rotation, workstation rotation etc
● allowing sufficient breaks to enable employees to get cold drinks or cool down
● relaxing a formal dress code - but you must ensure that personal protective equipment is provided and used if required

It also advises employers who receive numerous complaints from employees to carry out a thermal comfort risk assessment. This assessment may not need to to be detailed, simple solutions to the problem may include:
● closing windows in air conditioned offices
● pulling down blinds to prevent solar radiant heat etc
● providing employees with sufficient control to adapt the environment by adding or removing layers of clothing
● look - visually inspect the workplace to identify hazards that may impact on employee thermal comfort
● look for patterns in the absenteeism rates
● types of illnesses and their frequency of occurrence
● the nature of employee complaints etc. and take particular note of where the employee may work, their job, how experienced they are, whether any illnesses are recurring etc

Email: sun-shield-window-film@blueyonder.co.uk