The Health and Safety Executive (HSE) is to review regulations on workplace heat, amid calls for legal maximum temperatures.
The regulator is drawing up a consultation on issues including heat stress at work.
The move follows campaigning from unions on the issue and comes as the Labour government moves forward with measures to increase workers’ rights.
A scientist at the Cambridge University Hospitals NHS Foundation Trust asked at the HSE’s recent AGM whether the watchdog would introduce a legally binding maximum working temperature “to prevent heat-related workplace concerns”.
HSE director of engagement and policy Rick Brunt said potential changes to its workplace code of practice relating to the Workplace (Health, Safety and Welfare) Regulations 1992 would be considered “shortly”.
“One of the things we will be consulting on is different potential temperatures as trigger points for certain action, heat stress and so on,” he said.
“It is part of the government’s manifesto commitments and that’s the umbrella that we’re looking under.
“I can’t say, yes, definitely there will be [a maximum temperature]. I can say we’re in the process of reviewing and taking into account what evidence might point us in that direction.”
Current regulations mandate that the temperature in all workplaces inside buildings shall be reasonable. The Construction (Design and Management) Regulations specify the need for reasonable workplace temperatures at indoor areas of construction sites.
“Where the site is outdoors, you must provide protection from adverse weather. Site rest facilities must also be maintained at an appropriate temperature,” they add.
The HSE’s code of practice currently suggests a minimum indoor workplace temperature of 16°C or 13°C “if much of the work involves rigorous physical effort”.
Unions have long called for stronger regulations on workplace temperatures with Unite asking for a maximum of 27°C for “strenuous” jobs and 30°C for “sedentary” work.
The Trades Union Congress held a week of action last month over heat issues. It pointed out that working in hot weather can lead to dehydration, tiredness, muscle cramps, fainting and even loss of consciousness.
Those who are working for long periods in high temperatures are at serious risk of sunstroke, heat stress and skin cancer, it added.
TUC general secretary Paul Nowak said: “With heatwaves becoming more common, we need to adapt.
“We need new laws on maximum working temperatures, improvements to workplaces to keep them cool and climate action to reduce global heating.”
During a parliamentary debate in July, Green Party peer Baroness Natalie Bennett put forward an amendment to the Employment Rights Bill asking for consideration of a maximum workplace temperature.
“There is an obligation on employers to provide a safe workplace, but without that maximum temperature, and with circumstances [high temperatures] arising that neither workers nor employers have encountered before, we really need to set some guardrails for the safety of workers,” she said.
Bennett withdrew the amendment after being told the HSE was already reviewing the issue.
Mayo Wynne Baxter solicitor Ross Spiller said: “Given the occurrence of more frequent and intense heatwaves during the summer months as a result of climate change, the push for updated rules is not surprising.
“Employees must not be subjected to disciplinary action as a result of raising health and safety concerns or taking action to protect their health and safety.
“In specific circumstances, employees do already have the right to leave an unsafe workplace.
“The updated regulations or guidance from HSE will provide greater clarity to both employers and employees on when these rights can be relied on.”
He added that workers with specific characteristics, such as pregnancy or certain medical conditions, may be more affected by hot weather and that a ‘one size fits all’ approach might not be appropriate.
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Ian Weinfass