Working In High Temperatures

With temperatures on the rise again this week its worth reposting this short article which Eoin Griffin and myself wrote last month.

By Rob McNamara & Eoin Griffin

With soaring temperatures across Europe and Ireland expected to see record temperatures over the coming days we thought it might be helpful to write a short guide.

Most pragmatic employers, especially where there is a Trade Union presence, will put in place additional measures to mitigate the rising temperatures such as water breaks, fans, mobile air conditioning and relaxation of uniform policies etc.

What are my rights when it comes to working in the rising temperatures?

While there is little doubt that temperatures are rising in Ireland due to climate change, it’s not quite Spain, prolonged periods of sunshine are rare as All Ireland medals in Offaly (sorry Eoin) (Point me to Limerick’s success in football? -Eoin). Therefore, you’re not entitled to siestas just yet!

Your employer does have an obligation to provide you with a safe place of work. Section?8(2) (a) of the Safety, Health and Welfare at Work Act 2005?provides that an employer should prevent employees carrying out work in a manner that puts at risk their health or welfare. Therefore, if an Employer fails or neglects to mitigate against the effects the rising temperature on your health and welfare, they may very well be breaching the act.

Is There a Maximum Working Temperature?

Currently there is no maximum regulated working temperature in Ireland, moreover the?Safety, Health and Welfare at Work (General Application) Regulations 2007 Regulation 7, states with regards to working temperatures that: –

“(1) An employer shall ensure that—

(a) during working hours, the temperature in rooms containing workstations is appropriate for human beings, having regard to the working methods being used and the physical demands placed on the employees,”

Whilst there is no maximum temperature defined in the regulations, the regulations clearly state that the temperature must be appropriate for human beings, International Organization of Standards (ISO) Ireland, Irish standard I.S. EN ISO 7730:2005 suggests that for most people an acceptable temperature for work lies within the?range of 18 to 23o.

Regulation 6 provides with regard to ventilation in enclosed spaces that: –

“An employer shall ensure that—

(a) sufficient fresh air is provided in enclosed places of work, having regard to the working methods used and the physical demands placed on the employer’s employees,”

What Should I Do If I Feel My Health or Welfare is Affected BY Rising Temperatures?

As always you should utilise your company procedures, which in most cases requires you to raise the matter with your line Manager. If the Company fail or neglect to deal with your issue, we suggest that you discuss the matter with your Union Shop Steward/Union Official, if you’re not a member of a union we would suggest you join one, best decision you will make today! A complaint to the WRC, Health and Safety Authority or both may be appropriate depending on the circumstances. However, given the length of time it can take for a WRC Hearing there is every possibility that you will have your case heard on a damp morning next February. We have both had considerable success by utilising collective grievances to have proper mitigation put in place by employers almost immediately. The strength of your union flows not from legislation but from collective action.

If you believe that your employer’s failure to mitigate rising temperatures poses a serious and imminent danger to their safety and health, Section(2) (c) of the?Safety, Health and Welfare at Work Act 2005??provides that:-

“(c) …in the absence of appropriate guidance or instruction and having regard to the knowledge of the employee and the technical means at his or her disposal, and?where the employee’s immediate superior responsible cannot be contacted, the employee concerned may take appropriate steps to avoid the consequences of the danger.”

This section essentially gives a worker the right to remove themselves from an unsafe situation in which they are in imminent danger. It should be noted that you should only take action to avoid the consequences of the danger on your own initiative, where you cannot get any instruction from you employer and your Supervisor /Manager is not contactable. Always seek Trade Union advise before acting if possible.

*Before acting or otherwise on anything in this guide, you should seek advice from a Trade Union.