To prevent employees from being exposed to the harmful effects of high heat, employers must take into account “thermal environments” according to the Labor Code, with a whole series of recommendations as a result ( AFP / Kenzo TRIBOUILLARD )
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A heat wave arrives in France. What measures to protect workers?
An episode of “abnormal” heat for the period arrives in France this week, caused by global warming. And, we know,
it’s not safe
: heat stroke, exhaustion, dehydration…
To prevent employees from being exposed to the harmful effects of high heat, employers must take into consideration the “thermal environments” according to the Labor Code, with the key
a whole series of recommendations.
The sectors most exposed to risks, such as construction and agricultural work, regularly
subject to targeted checks
as the Ministry of Labor reminded us again at the beginning of June.
In offices: not above 34 degrees
In general, the employer must
“limit the exposure of workers to high heat”
(staggered hours, more frequent breaks, etc.) and
“prefer telework
when possible”.
He must “ensure that the wearing of individual protection is compatible with high heat”, “control the good renewal of air and
monitor the temperature of the premises,
and provide employees with ”
means of protection
against strong heat or cooling”.
If the Labor Code does not indicate any temperature beyond which it is no longer possible to work, the National Health Insurance Fund for Salaried Workers (CNAMTS) recommends the evacuation of employees working in offices
above an ambient temperature of 34°.
Obligations for outdoor work
With regard to outdoor workers, the employer “must arrange their workstations so that they are
protected from high heat
and “provide premises allowing the reception of workers in conditions preserving their safety and health”. Finally, “must be made available to each worker
at least three liters of water a day”.
This is particularly the case on construction sites where it will also be a question of ensuring that machinery and vehicles
do not turn into a furnace
for their drivers.
In the event of triggering by Météo France of red vigilance in a department, the employer “must
reassess the risks daily
of exposure for each of its employees according to the evolution of the temperature and the nature of the work to be carried out”.
If the precautions taken are insufficient,
the activity should be suspended.
Companies can then resort to the partial activity system or the recovery of lost hours. Regarding the construction sector, employers can benefit from the “bad weather” system.
Telecommuting: the same rules apply
According to labor law specialist Eric Rocheblave,
the same rules apply
for teleworking and face-to-face because there are no specific provisions in the Labor Code.
“If you feel unwell at home while teleworking because of the heat because your accommodation is not suitable, this will be considered as
an accident at work”,
he points out.
“The employer has the responsibility to be concerned about the working conditions
in telework as in face-to-face”,
he insists. It is therefore up to him to ensure that the employee benefits from cool accommodation, a fan or air conditioning…
No heat-related fatal work accidents in 2021
In an instruction issued on May 31, 2022, the General Directorate of Labor (DGT) asked “the labor inspection services to
plan targeted business checks
on the sectors of activity most affected by the risks associated with the heat wave”.
Occupational health and prevention services must be
“vigilant
regarding the precautions to be taken by employers” and to ensure that employers declare “all accidents at work”.
In 2021,
no fatal workplace accidents
in possible connection with the heat has been notified to Public Health France, according to the report made at the end of the summer. Furthermore, the DGT recalls “that it is
prohibits employers from assigning young people”
(under 18) “to work exposing them to extreme temperatures likely to harm their health.”
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