Hot under the collar: How employers can protect against summer risks & heatwaves

The UK Summer weather this year continues to be erratic, but it is clear that on a global basis increasing temperatures are a widespread concern in the coming years.

The Health and Safety Executive (HSE), the UK’s workplace regulator, has recently raised further concerns about working in hot weather. Summer 2022 was especially hot, when temperatures in July exceeded 40 degrees for the first time on record. This resulted in visits to HSE’s hot weather working guidance increasing by nearly a thousand percent.

So what are employers’ obligations towards staff in hot weather?

Tim Copplestone, a partner and employment expert with national law firm Clarke Willmott LLP, says employers have a legal duty to keep their workforce safe.

“In contrast to some nations, there is actually no legal maximum temperature for workplaces, although there is a legal

minimum temperature of 16 degrees”, said Tim.

“However, employers do have a legal duty under the Health and Safety at Work Act 1974 to provide a safe workplace,

and extreme heat is a hazard that poses a risk to the health and safety of workers. An employer could potentially

expose themselves to a personal injury claim if an employee suffers a heat-related illness or injury due their

employer’s failure to manage the risk of extreme heat.

“Aside from the more extreme risks, working in hot temperatures can make people feel tired, sluggish and fed up,

which doesn’t make for an energised or productive workplace, and certain industries and working environments

naturally pose higher risks.”

Ideally, office workplaces will have suitable air conditioning installed to help manage the working environment. Where

this isn’t a suitable option due to capacity or cost, HSE has suggested some simple and cheap measures to keep staff

cool, including:

• Making sure workplace windows can be opened or closed to prevent hot air from circulating or building up
• Using blinds or reflective film on workplace windows to shade workers from the sun
• Placing workstations away from direct sunlight and heat sources
• Putting insulation around hot pipes and machinery
• Offering flexible working patterns so workers can work at cooler times of the day
• Providing free access to drinking water
• Relaxing dress codes if possible
• Providing weather-appropriate personal protective equipment
• Encouraging workers to remove personal protective equipment when resting (ideally in shaded areas) to cool off
• Sharing information about the symptoms of heat stress and what to do if someone is affected

For workers who are outdoors, risks can be managed by providing regular breaks in the shade, sunscreen, headwear/sun protection, and ensuring that workers stay hydrated.

Tim continued: “Employers need to be acutely aware of the importance of protecting their workforce against extreme heat. It is clear from the last few years that we will face exceptionally hot spells from time to time and this could have a massive impact on the health of workers and on productivity levels.”

In 2022 38 MPs signed an early day motion calling on the government to introduce legislation which would enforce a maximum workplace temperature, while unions have also called for similar action.

There has been no indication so far that this will be implemented, however with temperatures and unstable weather on the rise in the UK and globally, it’s clearly an important issue that will not cool off in a hurry.

Clarke Willmott is a national law firm with offices in Birmingham, Bristol, Cardiff, London, Manchester, Southampton and Taunton.

For more information visit www.clarkewillmott.com