A heat wave hits France. Several departments, including Paris, Indre, Rhône and Isère, have been placed in heat wave yellow vigilance, this Wednesday June 16. Temperatures of up to 35 degrees are expected in the afternoon. Under these conditions, professional activity can sometimes be very difficult. Especially with the Covid-19, many companies have decided to cut their air conditioning to limit the risk of transmission of the virus. But is high heat really enough reason not to go to work? Capital takes stock of your rights.
Employer’s obligations
“The labor code does not provide for anything specific in the event of a heat wave”, points out Delphine Robinet, lawyer specializing in social law. Indeed, the labor code only provides that the employer must take “the necessary measures to ensure safety and protect the physical and mental health of workers”. On the specific case of extreme heat, it indicated all the same, “the equipment and characteristics of the work premises must allow the temperature to be adapted to the human organism during working time, taking into account the working methods and the physical constraints borne by the workers”. Wave and not binding. But since the heat wave of 2003, circulars and information notes have been published regularly to make employers (and their employees) aware of hot weather.
What the executive just did, this tuesday june 15. It therefore calls on employers to adapt, if possible, working hours to avoid the hottest hours, and to make drinking water available near workstations (individual water bottles or water point). with cups, “regularly disinfected”). For those who work outdoors, and particularly in the construction industry, the employer must provide employees with at least three liters of drinking and fresh water at least per person, as well as a rest room adapted to the climatic conditions. Otherwise, he must arrange the site in such a way as to allow the organization of breaks in equivalent safety conditions. Covid obliges, the government also encourages employers to ensure that it is possible for employees to respect physical distancing measures “in order to avoid wearing masks continuously”.
The telework option for eligible employees
Concretely, can employees refuse to go to their place of work in the event of extreme heat? Depending on the activity of the employees, several situations are possible. For those who can work remotely and feel that they are cooler at home (for example if their company has turned off the air conditioning in the offices), telecommuting can be a solution. Especially since the high heat is added to the problem of peak pollution in some cities. In Lyon for example, differentiated traffic was put in place on Wednesday: only the least polluting vehicles (Crit’Air 0, 1, 2 and 3) are authorized to circulate. Some employees therefore find themselves unable to go to work by car. “Employees in this situation can also ask to stay teleworking to avoid taking public transport in hot weather,” says Delphine Robinet. But this is a matter of case by case and of negotiation with the employer.
Employee’s right of withdrawal
For employees who cannot telecommute and who have to go to the office, to a construction site or to their factory, it will be necessary to endure the overwhelming temperature. Unless… you exercise your right of withdrawal. “This may for example be the case for employees who work in direct sunlight on a construction site or in the office without air conditioning”, illustrates Delphine Robinet. If you consider the heat (or anything else) in your workplace to be life threatening, you can go home without delay, as long as you notify your employer, ideally in writing.
An investigation must then be carried out by your employer. If your right of withdrawal is recognized as valid, you cannot be penalized and your salary will be maintained. In the event of a dispute, you will have to demonstrate before a judge that your health was in fact in serious and imminent danger. And be careful, if the use of your right of withdrawal is deemed abusive, that is to say that it does not justify a serious and imminent danger, you risk a deduction from wages for the hours not worked, a layoff, warning, or even dismissal in the most serious cases.
When can heat be a risk to the health of employees?
The labor code does not give any indication concerning the temperature thresholds above which working presents a risk for employees. But the National Research and Security Institute (INRS) provides some recommendations in this area. The benchmark public body in the fields of occupational health indicates that beyond 30 degrees for an office activity or 28 degrees for physical work, “the heat can constitute a risk for the health of employees. ”. But this is only an indication here.
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