17 August 2022

The recent wave of hot weather in the UK was met with mixed responses, but the most creative (if unsuccessful) solution to staying cool at work was surely the breezy hi-vis kilt worn by a bin collector on his rounds in York as an alternative to his council provided PPE trousers.

Whilst the neon kilt (and matching fluorescent socks) did not quite hit the mark with Mr Moran’s employers, industry bodies have encouraged the use of relaxed dress codes where appropriate, flexible working and providing access to water and extra breaks for employees. The GMB Union and the TUC renewed calls for a legal maximum working temperature to be brought into force, however, as of yet, the HSE only recognises a minimum temperature for safe working. So, what obligations do employers have in a ‘heatwave’?

Legal Duties

Further to an employer’s overarching duty, under section 2 of the Health and Safety at Work etc Act 1974, to take all reasonably practicable steps to ensure the health and safety of employees, employers are required to comply with the Workplace (Health, Safety and Welfare) Regulations 1992, which cover indoor workplace temperatures. The 1992 Regulations place a legal obligation on employers to provide a 'reasonable' temperature in the workplace. 

Employers must also make a suitable assessment of the risks to the health and safety of their employees, taking action where it is necessary and reasonably practicable to do so, as set out in the Management of Health and Safety at Work Regulations 1999. 

As temperature is considered a potential hazard in the workplace, it is incumbent on employers to consult with employees (or their representatives) to address the most effective means of coping with high temperatures. A blanket approach may not be sufficient to manage the risks, particularly if certain employees undertake more rigorous tasks or have a known health condition requiring a more individual response. 

What is a ‘reasonable’ temperature?

The HSE acknowledges that the answer to this question depends on the activities and environmental conditions of the workplace. Employers should undertake a thermal comfort risk assessment to find out what is ‘reasonable’ in their workplace and implement the appropriate control measures.

Employers should consider increasing the flow of cool air through ventilation or air conditioning and moving employees to cooler areas. Employers can also reduce the tasks and work rate expected from their employees, adapt dress codes appropriately and provide personal fans. Such measures may only be a temporary requirement if the risk is seasonal.

The HSE also highlights the difficulties that would be experienced in fixing a meaningful maximum temperature in work environments such as bakeries, glass works and foundries. In these industries, employers can still protect the health and safety of their employees by ensuring appropriate controls are in place and that the temperature is ‘reasonable’ in the circumstances. 

PPE

Some employers may be hesitant to adapt workplace dress codes, particularly if their employees are required to wear PPE. PPE is the last line of defence and will only be necessary within a safe system of working if the employer has deemed it to be a necessary control measure to carry out a task safely.

However, in some cases PPE can be a source of heat stress in itself. Employers should ensure that the level of PPE worn by their employees is appropriate and no more than necessary, based on the risks they face within their workplace. This includes dynamically assessing risks and gauging whether newer and lighter PPE is available, which may provide improved protection and comfort on warmer days. 

If it is not appropriate to change or alter the PPE worn by an employee, employers should consider rotating staff on a more frequent basis, altering working hours to cooler times of the day and providing additional breaks away from areas in which PPE must be worn.

Sadly, for those who appreciate our national dress, hi-vis kilts are unlikely to become standard issue PPE in any industry.

For more information, please contact:

Jaimie McGready, Solicitor: jmg@bto.co.uk / 0141 221 8012