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Posted By Dave Westhead
I am looking for advise on the following. A friend of mine has asked me this question, his staff work on tills at a well known store, most of the tills are situated by the doors. When it is cold and windy the staff are complaining that they are "freezing" when the doors open and the wind blows in. My friend has asked his managers for cold weather clothing for the staff which has been declined. Where can I direct him for legislation on this matter?
Thanks
Dave
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Posted By M Forbes
The document you are looking for is ISO 11079
You will have to pay for this document though.
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Posted By Andrew Lochlyn Ure Dave The Standard the previous respondent has quoted is fine for reference to working in cold stores etc. For your question, perhaps a better starting point is the Workplace (Health Safety and Welfare) Regulations 1992 - try this to get started - www.hse.gov.uk/pubns/indg244.pdf - specifically the section entitled 'Temperatures in indoor workplaces' Regards Andrew
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Posted By M Forbes
Dave, section 7 of those regulations only states that the temperature should be "reasonable". It does not provide guidance as of what to do when the temperature is not reasonable.
The ISO 11079 provides guidance on evaluation of cold enviroments, and the required clothing in respect to the cold enviroment, as far as the health safety and welfare regs go, the employer could easily put a thermometer up in various sections of the building and argue the temperature is "reasonable". However this does not take into account effects of windchill and draughts. The ISO Standards do.
Regards
M Forbes
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Posted By Andrew Lochlyn Ure
Dave
M Forbes is correct to a point but you asked for the applicable legislation in your initial posting, which is what I have provided.
If an LA Enforcement Officer - as I used to be - visits the premises on a routine inspection and the subject of workplace temperature is considered the legislation I have quoted will be the first consideration. This is because the Regulations expect management to provide a reasonable temperature for employees as the first level of control, rather than to allow staff to work in an uncomfortably cold environment and provide PPE as a first resort. In practice it is likely to be a pragmatic combination of the two, but the compliance with the relevant statutory provision i.e. the one I have quoted, will come first.
I am not going to get into a lenghty debate about this - suffice to say that in my previous working life I spent 5 years as an Environmental Health Enforcement Officer and during that time inspected many hundreds of retail premises.
Regards
Andrew Ure
CMIOSH
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Posted By M Forbes
Whilst i agree fully with what your saying Andrew, in that this is the actual law regarding this. I think what Dave is looking for is documentation to support his argument.
The ISO standards document would support his argument.
Regards
M Forbes
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Posted By water67.
Hi, the welfare regs clearly state a min temperature. The "reasonable" part is in place of a max temp. This isn't given for obvious reasons. I note when I do the shops that many overcome this problem by installing hot air blowers over the entrance doors thus combating the external cold air and protecting staff, customers etc.
Cheers.
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Posted By MT
Indeed, the ACOP for the Welfare Regs does indeed state that "The temperature in workrooms should normally be at least 16 degrees C....". An an LA officer, I too would look to enforce the Welfare Regs in this instance.
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Posted By Steve Cartwright
The Workplace health safety and welfare Regs. Type it in google you should be able to find a copy for free.
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Posted By anon1234
If you really want to get some action, point them in the direction of the local environmental health officer.
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Posted By DP
Why do some people jump in two footed when there is always a sensible starting point to issues like this. It's a retail outlet and it will be a common issue.
Advise your friend to look at the company policy/arrangements for cold working conditions, its a well known retailer and I'll be surprised if systems aren't in place to deal with this issue. The answers will all be there. If not ask why not and escalate the matters internally.
If some of you people had poor managers in your company would you want people on this site advising to report it to the authorities?
No - you would want it dealt with by your existing processes with you had worked hard to put in.
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