In companies, the summer period can prove to be a trying time because of the climatic conditions. In order to limit the risks linked to high temperatures, employers must put in place prevention and protection measures to guarantee the health and safety of their employees.
The arrival of summer marks the return of heat-related risks. Although French law does not set a temperature above which an employee may require a work stoppage, it is nevertheless the responsibility of employers to take the necessary measures to ensure the safety and protect the health of workers. Working during periods of high heat can be difficult, especially for certain particularly exposed professions. What precautions should employers take to protect employees when the mercury rises?
1. Employers must anticipate summer heat waves
The employer must anticipate the announced temperature increases. During the seasonal watch from June 15 to September 15, he must consult the weather forecast and refer to the "specific Orsec provision" (former "heat wave plan"), in order to adapt the working conditions.
1.1 Preparatory measures
Beforehand, the employer must update the single risk assessment document (DUER) and integrate those related to thermal environments, especially if the company is exposed, due to the nature of the activity or the geographical location. It can also provide for an internal heat wave management plan, in order to identify the most exposed workstations.
Regarding the premises, the employer must ensure that the ventilation complies with the regulations. According to the Covid-19 health recommendations, air conditioning should only be used when necessary. The employer must ensure regular maintenance of the facilities. The employer must also provide for temperature monitoring and make sufficient fresh water available to employees free of charge
1.2 Adaptation of working conditions
In the event of a heat wave, the employer must set up a work organization and adapted means, such as staggered hours, more frequent and longer breaks during the hottest hours. They must also provide employees with protection or cooling equipment (fans or misters), and give preference to teleworking whenever possible.
Employees must be informed about the risks, the means of prevention as well as the signs and symptoms of heatstroke that can lead to migraines, headaches, dizziness and cramps.
To manage this period calmly, employers can rely on the communication kit provided by the Ministry of Labor.
2. Increased vigilance in case of heat wave or outdoor work
In the event of a red alert announced by Météo France, the employer must carry out a daily reassessment of the risks incurred, in order to reorganize the working conditions according to the variations in temperature and the nature of the tasks carried out, particularly in the open air or involving an intense physical load.
2.1 Daily reassessment of the risks involved
The organization of work must be adjusted on a daily basis during the heat wave period. The employer will have to review the list of employees benefiting from telework, paying particular attention to young people, pregnant women and people with medical conditions.
If the daily assessment shows that the measures taken are insufficient, especially for work performed in high temperatures or involving a significant physical load, the employer should decide to stop work, and the provisions relating to the recovery of hours lost due to bad weather can be implemented.
In the event of the activation of the orange or red alert, or of a prefectural decree ordering a suspension of activity in connection with the heat wave, compensation may be requested by the company under the partial activity scheme.
2.2 Risks related to working outdoors
Employees working outdoors, particularly in the construction industry, are particularly exposed to risks related to high temperatures. The employer must therefore ensure that the workstations are equipped to protect them and in particular
Provide them with at least 3 liters of water per day and per person;
Provide a shelter or an air-conditioned room for the workers, or adapt the site to protect them from the heat and guarantee the protection of the health and safety of the workers in equivalent conditions.
3. Climatic risks not to be neglected
No limit is set by law, but the National Institute for Research and Safety for the Prevention of Occupational Accidents and Diseases states that above 30°C for a sedentary activity, and 28°C for a physical activity, the heat can constitute a risk for employees. Above 33°C, the situation is worrying.
Therefore, if the employee feels that the employer is not fulfilling his safety obligation, he can refer the matter to the labor inspection services or, if it exists, to the Social and Economic Committee. Furthermore, if the employee reasonably believes that he or she is in a work situation presenting a serious and imminent danger to his or her life or health, he or she may exercise the right to withdraw from work or the right to strike, provided that this does not result in an abuse of the right.
Therefore, employers must remain vigilant during the summer period, especially since the Ministry of Labor has already announced company controls targeting the sectors of activity most concerned by the risks related to the heat wave, in particular construction.
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