There is a legal minimum indoor temperature: 13oC
(55oF) for those doing strenuous work, 16oC
(61oF) for those behind a desk. But there is no
equivalent if it gets too hot – which is farcical and dangerous,
according to the Trades Union Congress.
The TUC last campaigned for a maximum temperature in 2002.
OUT-LAW spoke to the TUC today to see what had changed, prompted by
a reader in a "sweltering" office who wanted to know about her
employer's duties.
The desk-bound employee, who asked not to be named, said: "I
have so far never found an office where the usual temperature is
comfortable. They are all too cold in winter and too hot in summer.
It's horrid."
The TUC says nothing has changed since 2002 and its demands
remain the same. Roasting offices cause a lack of concentration and
nasty accidents, with slips and trips the major injury, it says.
And prolonged concentration at a VDU in a heat wave will have
workers stressed, tense, exhausted and probably suffering headaches
and eye strain. It also warns that irritability raises the
incidence of violence.
For those doing manual work, the thermal threats are said by the
TUC to be even worse: fatigue, extra strain on the heart and lungs,
dizziness and fainting, or heat cramps due to loss of water and
salt. Hot, dry air can increase the risk of eye and throat
infections, and breathing problems such as asthma and rhinitis.
TUC General Secretary Brendan Barber said today: "Employees
should not have to suffer in sweat at work. There is a legal
responsibility on employers to make their staff safe but this
should be backed up with a legal limit on how much heat workers
have to bear."
The TUC wants a maximum working temperature of 30oC
(86oF) – and 27oC (81oF) for those
doing strenuous work. When the heat hits the maximum, employers
should reduce the temperature. It recommends fans or air
conditioning. Workers whose exposure to heat cannot be reduced
should be provided with adequate breaks and offered job rotation,
it suggests.
Mr Barber continued: "There are simple practical steps employers
can take to make their staff comfortable like making sure water is
available, relaxing dress codes and being flexible about people
arriving or leaving earlier or later to avoid transport
congestion."
But Dr Simon Joyston-Bechal, who heads the Health and Safety
Team at Pinsent Masons, the law firm behind OUT-LAW.COM, says there
is already some protection against overheating.
He points to Workplace Regulations of 1992 which stipulate that,
during working hours, the temperature in all workplaces inside
buildings must be "reasonable". There is also a requirement
for "sufficient" thermometers to be provided so that employees can
easily ascertain what the temperature is. These Regulations are
accompanied by an HSE Approved Code of Practice which stipulates
that, "where a reasonably comfortable temperature cannot be
achieved throughout a workroom, local heating or cooling (as
appropriate) should be provided." It adds that in extremely hot
weather, fans and increased ventilation can be used instead of air
conditioning.
Guidance from the Health and Safety Executive overlaps with the
TUC's recommendations. Among the tips: air conditioning, fans,
windows that can be opened, shades and blinds, workstations sited
away from direct sunlight, early starts to avoid the highest
temperatures, relaxed dress codes and breaks for cold drinks.
"There are very good reasons why there is no maximum level in
law," said Dr Joyston-Bechal, pointing out that many non-office
jobs necessarily expose people to heat – be it furnace work,
tunnelling work, kitchen work or open air work in summer. It is not
just a question of temperature – other key factors are humidity,
ventilation, work activity, the need to wear certain clothing or
uniform and exposure to sunlight."
"The regulatory impact of a work ban when the thermometer
reaches a certain level would be enormous," he continued. "Could a
ban apply just to offices? Possibly, but would that be fair to
other workers?"
