Heat in the workplace: do you know your obligations as an employer when temperatures are high?

You will hopefully have already noticed by now – summer is in full swing! With the mercury rising to 30°C or higher, those who are not away on holiday may find themselves faced with a workplace that is (literally) too hot to handle. Did you know that, as an employer, you have a certain number of obligations towards your employees on hot days?

1. When should I take action?

The Welfare at Work Code provides a number of specific obligations for employers whenever 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 (Wet Bulb Globe Temperature) index. This is a scientifically sound method, but obviously most employers do not have a device of that type on the premises. However, using a table, you can do the conversion: https://werk.belgie.be/sites/default/files/nl/themas_themes/welzijn_op_het_werk_bien_etre_au_travail/omgevingsfactoren_en_fysische_/tabellenwbgt.pdf

In any case, the principle applies that in the workplace, the WBGT index should not exceed:

• 29 in the case of very light or light work;
• 26 in the case of moderate work;
• 22 in the case of heavy work; and
• 18 in the case of very heavy work.

Above those values, employers must take action.

The category ‘Very light or light work’ usually means desk-based work carried out by a person who is seated. The category ‘Very heavy work’ includes workers in physically demanding occupations such as construction workers. For those workers, measures will need to be taken sooner. However, obligations also apply to white-collar workers as soon as the WBGT index shows a value above 29.

2. What actions must I take?

Whenever temperature levels are high and there is a risk that the WBGT index will be exceeded, you, as an employer, are required to take action. What those actions are is partly in your control, as you can include them in the company's mandatory risk analysis.

In principle, that risk assessment should include measures to limit workers' exposure to heat. A diverse range of measures are available, including:

• Installing a ventilation system.
• Adjusting employees' hourly schedules so that they do not have to work at the hottest times of the day.
• Offering protective clothing or sun protection to employees.
• Providing refrigerated drinks to employees free of charge.

Once the WBGT index is effectively exceeded, the following measures should be taken:

• As an employer, you are required to install a ventilation system in work areas (such as employees' offices). This should be done within 48 hours of identifying that the WBGT index has been exceeded.
• If, after 48 hours, there is still no improvement and the WBGT index is still being exceeded, a regime of restricted attendance should be implemented and rest time for workers should be provided.
• You will need to give out refreshing drinks, free of charge to y our workforce.

In hot temperatures, obligations not only apply to employees working outdoors, but also to employees working in office spaces. Those working outside the office when the WBGT index is exceeded will need to be protected from direct sunlight.

For employers, forewarned is forearmed. Make sure a risk assessment exists in your company that you (and your managerial staff) can fall back on when temperatures rise. This will keep your team motivated and productive over the summer and will keep your HR policies fresh as well.

Would you like to know more about this? Or do you have questions about your other obligations to your employees? Crowe Spark Legal is ready to advise you on all your employment law questions.