France is experiencing a particularly hot summer this year, with high temperatures and heatwaves.
The regulations do not define heat work.
However, above 30°C for sedentary work, and 28°C for work requiring physical activity, heat can pose a real risk to employees.
Heat increases the risk of accidents, as it reduces alertness and increases reaction times; perspiration can make hands slippery or impair vision; it can cause headaches, dizziness, cramps, nausea and even dehydration.
What actions should or could you take?
- Make fresh drinking water available to employees, close to their workstations.
This is an obligation. It doesn't matter what method is used (water fountain, water bottle, tap, etc.). This obligation is reinforced for employees working outdoors, as the employer must provide 3 liters of fresh water per employee.
- Managing working hours and teleworking
If the position allows it, the employer can decide by mutual agreement with the employee to telework, so that the latter is not exposed to the heat during the commute (particularly if the employee uses public transport, comes by bicycle, etc.) or if the work premises do not allow for working in good conditions. It is also possible to adapt working hours so that employees work at the least hot hours (early in the morning, for example). In principle, changes to working hours are the sole responsibility of the employer. However, the employer must give the employee at least 3 working days' notice.
Finally, the employer can increase the frequency of recovery breaks, in cool places.
- Work organization
The employer may :
- Limit the time employees are exposed to heat, by organizing staff rotations.
- Allow employees to adopt their own physical rhythm to reduce heat stress.
- Limit or postpone physical work to reduce the production of metabolic heat.
It must avoid working in isolation, so that employees can monitor each other and intervene quickly if necessary.
- Clothing
All employees are free to dress as they wish, as long as their clothing is decent and appropriate for their job.
The employer may impose restrictions on this individual freedom, provided that they are :
- Justified by the nature of the task ;
- Proportionate to purpose.
For example, employers can require their employees to wear work clothes for health and safety reasons.
Example:
blouse in the medical sector, personal protective equipment in the construction industry, uniform in the hotel sector or in an amusement park, etc. It can also restrict freedom of dress for reasons of corporate image.
Example:
On the other hand, it is more difficult to restrict the freedom to dress of employees who are not in contact with the public or customers. In addition, care must be taken not to discriminate between men and women.
It'simportant that the restriction is justified, proportionate and non-discriminatory, especially in summer.
- Right of withdrawal
In enclosed premises where employees work, the employer must ensure regular air renewal, and avoid excessive temperature rises. This can be achieved by using air conditioners, misters, fans, etc.
For employees working outdoors, the employer must provide premises where workers can be accommodated in conditions that protect their health and safety, or, failing that, provide facilities on the worksite to enable workers' health and safety to be protected under equivalent conditions. When temperatures are particularly high, employees can exercise their right to withdraw from work: to do so, they must have reasonable grounds for believing that they are in serious and imminent danger to their health and safety.
This can happen if the employer hasn't put in place appropriate measures to combat the heat.
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