Is there a legal limit on workplace temperatures?
Despite temperatures soaring more than 30 degrees Celsius in recent weeks, there is still currently no legal maximumtemperature limit within the workplace.
The Health, Safety and Welfare Regulations 1992 require employers to ensure that temperatures in all workplaces inside buildings ‘are reasonable’ and there is an Approved Code of Practice that limits minimum temperatures to 16 degrees (13 if the work requires strong physical effort) but there is still no maximum legal limit.
MPs are calling to enforce a maximum of 30 degrees Celsius (27 for workers undertaking strenuous work) and require employers to introduce effective control measures, such as ventilation. In the meantime, however, employers should bear in mind employee safety when working in extreme temperatures and take the necessary safety measures and undertake risk assessments to ensure compliance with current law but also act in a sensible manner to protect your workforce.
In order to manage the workforce during a heatwave it has been discussed that sensible suggestions would be to allow staff to dress appropriately for the weather, provide fans and allow flexible working times in the cooler periods of the day.
There is also a legal requirement to consider the risks of pregnant women in the workplace as part of a general health and safety risk assessment (and anyone who notifies you in writing that they are pregnant, breastfeeding or gave birth in the last 6 months). Reasonable adjustments may need to be made to accommodate the risks to these staff during very hot or cold periods, until the risk is reduced.
The Bill of Rights
The Government introduced the Bill of Rights Bill on 22 June 2022 which will ensue a significant change to the UK framework. The Bill clarifies that the UK Supreme Court will be the ultimate judicial decision-maker on human rights issues and that European Court of Human Rights case law does not always need to be followed by UK courts.
This Bill seeks to reform the law relating to human rights by repealing and replacing the Human Rights Act 1998.
The Neonatal care leave bill
The Government is backing a new law to provide additional paid leave to parents whose babies require specialist care after birth.
The new law will provide additional paid leave for parents whose babies require neonatal care after birth and will allow parents to take up to 12 weeks of paid leave, in addition to other leave entitlement such as maternity/paternity leave, so that they can spend more time with their baby.
This leave will be available to employees from their first day in a new job (subject to the parents meeting certain conditions regarding minimum earnings and continuity of service) and will apply to parents of babies admitted into hospital up to the age of 28 days, and who have a continuous stay in hospital for 7 full days or more.
Risk assessments for pregnancy – recent changes
The Health & Safety Executive has updated its guidance and introduced a new requirement for businesses to carry out an individual risk assessment when a worker informs them in writing that they are pregnant, breastfeeding or have given birth in the last six months.
The HSE guidance confirms that employers should do the following:
- Review their existing general risk management and controls.
- Talk to the worker to understand whether there are any specific circumstances related to their pregnancy which may affect their work.
- Discuss any concerns with the worker.
- Consult with their safety representation or trade union (if applicable).
The risk assessment should be regularly reviewed as the worker’s pregnancy progresses and/or if there are significant changes to the individual’s working activities or workplace.
While many employers will already be completing individual risk assessments, as they were not previously required, employers are now expected to familiarise themselves with the HSE requirements and update their processes accordingly to ensure compliance.
Menopause Government Response
The government response on menopause and the workplace is out and confirms that menopause will not be allocated as a protected characteristic under the Equality Act 2010 in its own right.