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Tuesday, 07 December 2010 14:05
THERMAL COMFORT (DECEMBER 2010) - Blowing Hot and Cold
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Although we’ve only had a few very cold days so far, a few clients have contacted us following staff complaints about workplace temperatures. What’s the legal position and how should you prepare for cold weather?
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Too hot or too cold
A couple of months ago you may have heard, It’s too hot, we’ve got to go home”. Now the winter’s here you’re hearing It’s too cold to work”. As an employer, complaints such as this can be a bit wearing, especially when the line “It’s not safe!” follows. Yet complaints about the workplace being too hot or cold, won’t go away. So where do you stand legally and how should you deal with them?
Legal limits
In the summer we were asked for maximum workplace temperatures which simply don’t exist. However, there are minimum legal limits. They can be found in the Approved Code of Practice (ACoP) for the Workplace Health Safety and Welfare Regulations 1992. The ACoP states that the temperature for an indoor working environment should be at least 16◦C, if the work is relatively static. But if the work involves a reasonable amount of physical effort, the workplace only needs to be 13◦C.
Tip. These legal limits only apply to buildings, not working outside. However, this doesn’t mean you have to buy your staff thermal underwear. You should instruct those who work outside to dress accordingly.
Note. We’ve spoken to our mole at the HSE about this. He said that although his views don’t go for all inspectors, unless work is being completed in extremely cold workplaces, i.e. freezers, temperatures aren’t a high priority. He also said he’d never completed an inspection on the strength of someone saying their workplace was only 14◦C. However, he did point out that he’d acted when an employer was reported for not doing anything about preventing slips on ice.
Don’t get caught out
Although the temperatures through October and into November have been mild, we don’t think this will last. The traditional approach in the UK is to assume the mild weather will continue and wait until the weather does turn cold before deciding to act. But when we do, we’re not alone – everyone does the same and suppliers often sell out.
Tip Don’t wait. Get prepared now before it’s too late. We’re not suggesting you buy your supplier out of grit and salt, but we do think having enough for a few days on your site would be a good idea. If you don’t and one of your employees has an accident, as we’ve already said, there’s a change it could attract the attention of an inspector.
On the roads
If you have staff out and about, extremely cold days can be a problem, e.g. if they get stuck in traffic, or worse, stranded in a broken down company vehicle.
Tip. Make sure your vehicles have winter safety check. What’s this? It involves a mechanic checking all of the various vehicle fluids, tyres for tread, windscreens for cracks etc. also we’d suggest advising your staff to ensure they have some warm clothing in the car, just in case.
The minimum temperature for an indoor environment, where the work involved is static is 16◦C. Make sure you have at least a small amount of salt/grit for walkways. Don’t wait before buying, as suppliers often sell out quickly.
Source and Ref: © 2010 Indicator Limited

