June 2023 is due to be the hottest since records began. As the summer continues, and with last July’s 40 degree records still burned into the collective memory, employers will soon be turning their attention to what they can do to mitigate the heat during the hottest part of the year. Workplace regulations and standards vary by country and jurisdiction. In many regions, there are laws and regulations in place to ensure the safety and wellbeing of workers, including guidelines regarding workplace temperature. Currently, in the UK there is no maximum workplace temperature – an issue that hits the headlines every year when millions of workers swelter in non-air conditioned offices, warehouses and factories. Why does the law not change?

Why is there no maximum temperature?
The absence of a specific maximum workplace temperature regulation may be attributed to several factors. Different industries and job types have varying temperature requirements. For example, an office environment may have different temperature needs compared to a factory or outdoor worksite. It can be challenging to establish a single maximum temperature that applies universally across all workplaces.

Workplace temperatures can be influenced by external factors such as climate, geographic location, and seasonal variations. Establishing a single maximum temperature that accommodates all these factors may not be practical.

Accurately measuring and monitoring workplace temperature consistently across all industries and settings can be a complex task. The establishment and enforcement of a specific maximum temperature requirement may require substantial resources and infrastructure.

Instead of a specific maximum temperature, workplace safety regulations often focus on providing general guidelines for maintaining a safe and comfortable working environment. Employers are generally expected to take measures to ensure that working conditions, including temperature, do not pose health risks to employees.

Workplace safety and health organisations – such as the HSE, OSHA, and the ILO – often provide recommendations and guidelines for managing temperature-related issues in the workplace. Employers are encouraged to follow these guidelines and implement appropriate measures to address extreme heat conditions and prevent health risks to their employees.

The situation in the UK
Employers in the UK have a legal obligation to provide a safe and comfortable working environment for their employees under the Health and Safety at Work etc. Act 1974. This includes managing workplace temperatures to prevent discomfort and minimise health risks.

The HSE provides guidance on maintaining a suitable working temperature. According to the HSE, the temperature in indoor workplaces should be reasonable and comfortable, taking into account factors such as the nature of the work being carried out, humidity, and sources of heat. The guidance suggests a minimum temperature of 16°C for most work environments and may recommend lower temperatures for more physically demanding tasks.

Additionally, employers are expected to take practical steps to control workplace temperatures, such as providing ventilation, ensuring suitable clothing options, and considering adjustments to working practices to mitigate the effects of high temperatures. Employers should also consider the thermal comfort of their employees and provide means for them to raise concerns about excessively high temperatures.

Who is calling for a maximum workplace temperature?
Various organisations and advocacy groups have called for the implementation of a maximum workplace temperature to protect the health and wellbeing of workers. These calls are often based on concerns about the potential risks associated with prolonged exposure to high temperatures in the workplace.

Labour unions and workers' rights organisations often advocate for safe and comfortable working conditions, including the establishment of maximum workplace temperatures. They may negotiate with employers or push for legislative changes to address heat-related hazards and ensure worker safety.

Professional organisations focused on occupational health and safety may recommend specific maximum temperature thresholds based on scientific research and expert opinions. These organisations play a crucial role in setting standards and providing guidance to protect workers' health. Public health agencies may also emphasise the importance of managing workplace temperatures to prevent heat-related illnesses.

Organisations focused on environmental and climate change issues are likely to highlight the potential impact of rising global temperatures on occupational health and safety. They may call for regulations and policies that address extreme heat conditions and protect workers from related health risks.

What can employers do?
If employees complain about hot workplace conditions, there are several actions you can take as an employer to address their concerns and create a more comfortable working environment.

• Assess the situation. Investigate the office temperature and conditions to determine if they are outside the recommended range or causing discomfort. Use a reliable thermometer to measure the temperature in different areas of the office.
• Review ventilation and air circulation. Ensure that the office has proper ventilation and air circulation systems in place. Check that air conditioning, fans, or other cooling mechanisms are functioning effectively. Consider hiring a professional technician to inspect and maintain cooling systems regularly.
• Adjust their dress code. Review the dress code policy to allow more flexibility in terms of clothing during hot weather. Consider permitting lighter and breathable attire that is still appropriate for the work environment.
• Provide additional cooling options. Offer additional cooling options to employees, such as portable fans, desk fans, or air conditioning units, if feasible. These can provide localised cooling and alleviate discomfort.
• Adjust working hours or schedules. Consider implementing flexible working hours, where employees can start and finish work earlier or later when temperatures are cooler. This may help them avoid the hottest part of the day.
• Provide access to cold water. Ensure that employees have access to an adequate supply of cold drinking water to stay hydrated and manage their body temperature.
• Encourage breaks and rest periods. Encourage employees to take regular breaks in cooler areas of the office or outside if possible. This can help them cool down and reduce the risk of heat-related illnesses.
• Communicate with employees. Engage in open communication with your employees about their concerns regarding office temperature. Encourage them to report any discomfort and provide a mechanism for them to express their suggestions or concerns.
• Consider workplace design and layout. Evaluate the office layout and design to identify any potential factors contributing to high temperatures, such as equipment generating excess heat or insufficient insulation. Address these issues if possible.
• Seek professional advice if needed. If the office temperature issue persists or the discomfort is significant, consider consulting with occupational health professionals or HVAC experts who can provide specific recommendations tailored to your workplace.

Remember, creating a comfortable work environment contributes to employee wellbeing, productivity, and overall job satisfaction. By addressing your employees' concerns about hot offices, you demonstrate your commitment to their welfare and can foster a positive work culture.

Can employees walk out if they are too hot?
Whether employees can walk out due to extreme heat conditions in the workplace depends on several factors, including employment laws, employment contracts, and the specific circumstances surrounding the situation.

Employment contracts and company policies may outline the procedures or protocols to be followed in the event of extreme heat conditions. It's essential to review these documents to determine if there are any specific provisions related to heat-related issues and the actions employees can take.

In general, it is advisable for employees to communicate their concerns to their employers or supervisors regarding extreme heat conditions in the workplace. Open dialogue can help identify potential solutions and ensure that the employer is aware of the situation. Employers should also be responsive to these concerns and take appropriate actions to address them.

It's important to note that walking out of work without proper justification or following established procedures may have consequences, including potential disciplinary actions. Employees should understand their rights and responsibilities and consult with legal or labour experts, employee representatives, or relevant authorities to ensure they act in accordance with the applicable laws and regulations.

Is the law on workplace temperature likely to change in the future?
Predicting future changes in legislation regarding workplace temperature is challenging, as it depends on various factors such as evolving scientific understanding, societal concerns, political priorities, and advocacy efforts. However, it is possible that workplace temperature regulations could be subject to review and updates in the future.

Scientific research on the impacts of temperature on worker health and productivity is continually advancing. New findings and studies may lead to a better understanding of the risks associated with high or low temperatures in the workplace, prompting regulatory bodies to consider updating guidelines or introducing specific temperature limits.

Concerns about occupational health and safety, including the impact of temperature on workers, have been gaining attention globally. Labour unions, worker advocacy groups, and public health organisations may continue to push for more comprehensive regulations that explicitly address workplace temperature issues, including the establishment of maximum temperature limits.

The increasing frequency and intensity of heatwaves and extreme weather events related to climate change have drawn attention to the need for adaptation and mitigation strategies. Governments and regulatory bodies may recognise the importance of addressing workplace temperature concerns to protect workers' health and safety in the face of changing climatic conditions.

Governments periodically review and update labour laws and regulations to reflect changing societal needs and priorities. Workplace temperature regulations may be considered as part of these updates, taking into account emerging concerns and the overall wellbeing of workers.

The importance of prioritising employee welfare and ensuring a comfortable working environment in the face of changing climate patterns should be a focal point for future considerations and potential updates to workplace legislation.

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