The ‘Hottest Topic’ In Workplace Health And Safety

The May Bank Holiday weekend saw temperatures rising across the UK. On Saturday a high of 30.5C was recorded, Sunday’s maximum was over 32C, and on Monday the temperature hit 34.8C. This beat not only the previous record for May (32.8C) but also that for any Bank Holiday (33.3C in August 2019).

Numbers like these are rapidly becoming routine. Met Office records show that all of the UK’s ten warmest years since 1884 occurred in the last two decades, and in 2022 a temperature of over 40 degrees was recorded for the first time.

While conditions like these might be welcomed by some of those fortunate enough to have the opportunity to hit the beach or find sanctuary in a cooler locations, it is a very different story for anyone who has to work in such temperatures. And this creates a real challenge for employers, who have legal duties in this area.

The law on heat in the workplace

The law as it relates to heat in the workplace has three key elements.

The Health and Safety at Work Act 1974 requires employers to ensure the health, safety and welfare of their staff and others present in the workplace. Regulation 7 of The Workplace (Health, Safety and Welfare) Regulations 1992 stipulates that the temperature in all workplaces inside buildings shall be ‘reasonable’. And the Health & Safety Executive’s Approved Code of Practice (ACOP) gives guidance to help employers understand the requirements of the 1992 Regulations. It was first published in 1992 and last updated in 2013.

The ACOP notes that the temperature in a workplace such as an office should normally be at least 16C, and, if work involves rigorous physical effort, the minimum temperature should be 13C. But neither the Act, the 1992 regulations nor the ACOP set any maximum temperatures.

The idea of changing this has already been raised on several occasions. In 2022 the GMB Union publicly called on the UK government to set a maximum temperature of 25C; and the Teachers’ Union NASUWT has campaigned for many years for a maximum classroom temperature of 24C. It seems likely that such calls will become more frequent.

Practical steps

Above all, employers should remember their overriding legal obligation to undertake a suitable assessment of health and safety risks to employees, and thereafter put appropriate controls in place. Clearly, temperature in the workplace would be one of many potential hazards to be considered.

People at work should be able to determine the temperature at any workplace inside a building if that is required. This means providing a sufficient number of thermometers – located close to workstations, at working height, and away from windows.

The ACOP notes that if a reasonably comfortable temperature cannot be achieved through local cooling systems in the building then, in extremely hot weather, fans and increased ventilation may be used. The use of window blinds, or even keeping windows open to allow air to circulate, may also be effective.

Employers may also consider staggering shift patterns so employees can avoid travel between the hotter hours of the day, or relaxing formal dress codes during periods of extreme heat. For people who are required to wear personal protective equipment that may trap body heat, mitigating controls should be considered, such as allowing longer recovery times or scheduling work for cooler times of the day.

Particular care should be taken when dealing with employees who find working in the heat more difficult than others because of a disability, and employers should consider what temporary reasonable adjustments may be appropriate in these circumstances. Employees who are pregnant are also more susceptible to heat exhaustion, and employers should be prepared to take any necessary additional measures in special cases such as these.

The rise of homeworking creates additional options. During periods of extreme heat, employers may want to offer people the opportunity to work from home more than they usually do. This may in turn require providing any additional support that those people need in order to do that effectively.

Clearly, different workplaces will require different mixes of measures in order to meet employers’ core duties. The big picture, though, is that the issue of workplace temperature will not go away soon. Indeed, it may well become significantly more challenging.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.