WINTER
WARMERS
With
the winter season back again it’s time for employers to make sure that the
workplace is winter-ready and for employees to make sure they know their
rights.
Whilst
most employers endeavour to make sure that the workplace is a reasonable
temperature and that access to hot drinks and heaters are usual practice, what
exactly does the law say about what the temperature should be? Well, here we
have answered the most common questions about winter in the workplace.
1. What
is the minimum temperature allowed in the workplace?
The answer to this question
greatly depends upon what work is carried out and in what type of workplace the
job is carried in, but the starting point is what the law actually states. The rules
are contained in the Workplace (Health, Safety, and Welfare) Regulations (WHSWR).
They do not however give a specified minimum temperature (and maximum
temperature for that matter), but simply says that the temperature should be
“reasonable” and they suggest a minimum temperature of 16C or 13C if the job is
a manual one.
Of course, because the law
only suggests this minimum temperature, an employer does not have to meet it,
however they should carry out a full risk assessment to be able to determine
what a reasonable minimum for the individual circumstances is, for example what
is reasonable for an office worker will be very different than what is
reasonable to a builder working outdoors on site.
2.
I work in an office and the
heating is broken, can I go home?
Your employer is entitled to attempt
to use another safe method of heating the workplace prior to allowing staff to
leave. Any heat supply used must not cause fumes, vapours or gas to be emitted
if they are likely to cause harm or injury. Employers should take temperature
readings to assess the situation and the reading should be taken at working
height, next to workstations and away from windows. If your employer is unable
to heat the workplace to a reasonable temperature then you are allowed to leave
without losing pay.
3.
I work outside, what minimum
temperature applies to me?
If the work you carry out
involves rigorous physical effort, the minimum temperature suggested by the
WHSWR is 13 Celsius. Again, your employer must assess the situation and make a
reasonable decision based on the circumstances.
In addition to the above your
employer should provide you with heaters where appropriate, adequate protective
clothing for cold environments and sufficient breaks and access to warm
drinks/warm food. Your employer could also consider job rotation if some
employees are in a warmer environment.
4. I
work in a kitchen and regularly work next to a cold store. What protection do I
have?
Again
your employer should consider job rotation, or regular breaks in order that you
can regularly get warm. If you regularly enter a cold store you should be
provided with adequate protective clothing and gloves.
5.
I am an employer, what should
I be doing
In addition to the above points, all
employers should regularly review their current policies to control any
potential risks. Employers should always remember that in addition to policies
regarding employees as a whole, they should also take into account policies for
employees who require additional requirements such as pregnant employees or
those with medical conditions which may be affected by significant/extreme
temperature fluctuations.
Your policies and procedures should
be adequate to be able to monitor the temperature changes, the needs of staff
and to swiftly deal with a change in the circumstances of the workplace due to
temperature issues. Always record your assessments of the workplace, any
changes, what implementations you have made and any employees with specific
needs. Remember, if your employees have to go home because you cannot increase
the temperature to a reasonable level, you must pay them.
ALISON FIELDEN SOLICITORS WISH YOU ALL A HAPPY NEW YEAR!
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