Since July 26, 2018, 18 departments have been placed on orange heat wave alert. The temperatures recorded exceeded 28°C.
So what does the labor code impose on these heat peaks? What are your associated obligations?
What does the Labor Code provide for
Unlike extreme cold weather, the labor code does not specify any temperature for maximum exposure to high heat. On the other hand, the employer must provide for regular air renewal and the protection of workstations exposed to the sun, in order to avoid unbearable temperature rises. Also, the Labor Code requires all employees to be provided with water throughout the year (even more applicable during hot weather).
Despite this absence of a threshold, the INRS (National Institute for Research and Security) indicates that working at temperatures above 33°C is the cause of health problems.
Integrate the “thermal environment” risk into your Single Document
Since November 5, 2001, Decree No. 2001-1016 has required all enterprises with at least one employee to maintain and communicate a Single Risk Assessment Document (DUER). Employers have an obligation to deliver results in terms of prevention and must put in place an action plan to improve the safety of their employees.
In addition to the frequent risks of falling from a height, an accident, or an injury, it is necessary for outdoor work or exposed to high heat to integrate the risks associated with “thermal environments”.
In the event that the occupational risk assessment reveals a significant risk, the employer is required to put in place preventive actions. Temporarily, teleworking when the job allows it or staggered hours can improve working conditions.
Don't take the risk
In the case of an accident caused by headaches or malaise, Health Insurance will seek to determine whether the accident relates to working conditions (AT) and whether the employer is responsible. If this is the cause, it is better to have integrated the “thermal environment” risk. The absence of the Single Document (or an incomplete Single Document) is punishable by a fine of €1,500.
Another risk: if no action has been taken, the employee can assert his Right of withdrawal if he considers that his working conditions endanger his health. The employee will then be able to inform the staff representatives, the CHSCT (Committee on Health, Safety and Working Conditions) or the Labour Inspectorate.
Conflicts are easily avoidable if the right arrangements have been made in advance.
Discover our “Symalean D.U” software to easily manage your Single Document
