Heat in the Workplace: Do You Know Your Obligations as an Employer When Temperatures Are High?

You’ve probably already noticed: it’s the height of summer. Now that temperatures are rising to 30°C and higher, those who aren’t on vacation may find themselves facing a (literally) hot workplace. Did you know that, as an employer, you have certain obligations toward your employees on hot days?

The Codex on Workplace Well-Being sets forth a number of specific obligations for employers when their employees are exposed to heat. The applicable legislation does not measure temperature in degrees Celsius (°C), but does measure “heat exposure” using the WBGT index (wet-bulb globe temperature). This is a scientifically sound method, but of course most employers do not have such a device on hand. However, you can use a table to perform the conversion: https://werk.belgie.be/sites/default/files/nl/themas_themes/well-being_at_work_bien_etre_au_travail/environmental_factors_and_physical_conditions/wbgt_tables.pdf In any case, the general rule is that the WBGT index at the workplace must not exceed: - 29 for very light or light work; - 26 for moderately heavy work; - 22 for heavy work; and - 18 for very heavy work. Above these values, employers must take action. “Very light or light work” generally refers to sedentary desk work. “Very heavy work” might include employees in physically demanding occupations, such as construction workers. For these workers, measures will therefore be needed sooner. However, obligations also apply to office workers as soon as the WBGT index exceeds 29.

When temperatures rise significantly and there is a risk that the WBGT index will be exceeded, you, as an employer, are required to take action. You have some control over what those actions are by including them in the company’s mandatory risk assessment. In principle, this risk assessment must also include measures to limit employees’ exposure to heat. These measures can vary widely; for example: - Installing a ventilation system. - Adjusting employees’ work schedules so they do not have to work during the hottest parts of the day. - Providing protective clothing or sun protection to employees. - Providing chilled beverages to employees free of charge. If the WBGT index is actually exceeded, the following measures must be taken: - As an employer, you are required to install a ventilation system in the work areas (e.g., employees’ offices). This must be done within 48 hours after the WBGT index has been found to be exceeded. - If, after 48 hours, there is still no improvement and the WBGT index is still exceeded, a limited attendance policy must be implemented, and rest periods must be provided for employees. - You must ensure the distribution of free refreshing beverages. In hot weather, therefore, there are obligations not only regarding employees who work outdoors but also for office workers. For those working outside the office, protection against direct sunlight must be provided if the WBGT index is exceeded. Forewarned is forearmed. Ensure that your company has a risk assessment in place that you (and your management team) can rely on when temperatures rise. This will keep your team motivated and productive during the summer and ensure your HR policies remain up to date. Would you like to learn more about this? Or do you have questions about your other obligations toward your employees? Crauwels Advocaten is ready to advise you on all your employment law questions.