Posted By JWG
Your opinions please,

Obviously there are the minimum temp should normally be 16 degrees C – unless heavy work (13C), or the room or product requires a low temp etc..

But the burning question, where the room should normally be above 16 degrees C and the heating is broken, can the employees refuse to work without any reprisals in that area if is below 16 degrees C?

To me it would be reasonable to provide local heating where possible, regular breaks in warmer areas, hot drinks, warm clothing etc. for the short term and therefore they MUST work.

Thanks in advance...

Posted By Rick1138
Actually this is a reasonable question.

We have a big open workshop attached to the offices, and up here in the north east of Scotland it can get chuffing cold.

We have large oil and gas fired heating systems, but at the moment they have packed in, i have guys coming to service them, but as the roller doors need to be open a lot, heat is hard to build up.

The guys wear jumpers etc under their overalls, and if it gets very cold, we have quilted boiler suits.

However i did wonder if there was a point at which staff can say, no thanks we don't have to work in this.

i did wonder what that temp was.

Posted By paulw71
Hse website states the following,

The Workplace (Health, Safety and Welfare) Regulations 1992 lay down particular requirements for most aspects of the working environment

Regulation 7 of these Regulations deals specifically with the temperature in indoor workplaces and states that:

During working hours, the temperature in all workplaces inside buildings shall be reasonable.

However, the application of the regulation depends on the nature of the workplace i.e. a bakery, a cold store, an office, a warehouse.

The associated ACOP goes on to explain:

‘The temperature in workrooms should provide reasonable comfort without the need for special clothing. Where such a temperature is impractical because of hot or cold processes, all reasonable steps should be taken to achieve a temperature which is as close as possible to comfortable. 'Workroom' means a room where people normally work for more than short periods.

The temperature in workrooms should normally be at least 16 degrees Celsius unless much of the work involves severe physical effort in which case the temperature should be at least 13 degrees Celsius. These temperatures may not, however, ensure reasonable comfort, depending on other factors such as air movement and relative humidity.’

Where the temperature in a workroom would otherwise be uncomfortably high, for example because of hot processes or the design of the building, all reasonable steps should be taken to achieve a reasonably comfortable temperature, for example by:

insulating hot plants or pipes; providing air-cooling plant; shading windows; siting workstations away from places subject to radiant heat. Where a reasonably comfortable temperature cannot be achieved throughout a workroom, local cooling should be provided. In extremely hot weather fans and increased ventilation may be used instead of local cooling.

Where, despite the provision of local cooling, workers are exposed to temperatures which do not give reasonable comfort, suitable protective clothing and rest facilities should be provided. Where practical there should be systems of work (for example, task rotation) to ensure that the length of time for which individual workers are exposed to uncomfortable temperatures is limited.

Posted By Kate Graham
It's a persistent myth that there is a legal right to stop work below a minimum temperature.

There is a duty to maintain a reasonable temperature. And if this isn't done, the workers are entitled to raise the failure through all the usual channels. That's it.

Posted By seanc
Kate,
It's not a myth in my workplace thankfully, and our union together with the TUC are pushing parliament to get legislation put in place for a upper limit on temperatures and humidity.
Why do you think it's a myth, when there is law's to protect the work force?

Posted By Phil Rose
In some kinds of workplaces, it is impracticable to sustain the minimum temperature in the ACoP so 'space' or local heating is a reasonable and sensible solution.

Para 43 of the ACoP to the 'workplace' regs says that the temp should NORMALLY be at least 16 but para 44 says that para 43 does NOT apply where it is IMPRACTICAL to maintain those temps. So, I am not sure if there is a RIGHT to stop work if the minimum temp not reached.

Posted By Descarte
Correct me if I am wrong but my thinking on this is as follows:

The Regulations do not specify a minimum or maximum indoor workplace temperature, however the ACoP recommends temperatures for workrooms of at least 16°C (62°F), or 13°C (56°F) if much of the work involves severe physical effort.

Surely if you are choosing not to comply with the ACoP as with any other regulation or ACoP you must be able to prove your reasoning to support your decision.

Compliance with Reg 7 of the WHSaWR requires that "the temperature during working hours must be reasonable", reasonable is defined as "at least 16°C (62°F), or 13°C (56°F) if much of the work involves severe physical effort."

So if you are employing people in conditions below this, can you explain how are you complying with the regulations and not the ACoP.

Of course there are factors which can be used to allow compliance outside of these temperature limits, such as:

Provision of PPE
Work rest schedueles
Job rotation to warmer areas
Provision of warm rest areas and hot food / drinks
Duration of temperature below the ACoP limit is short, temporary or very uncommon

Or where work areas are required to be above or below the limits described in the ACoP, such as food processing facitilies, or where hot processes make it unreasonable to be able to control temperatures below. Either way controls must be in place, assessed and suitable to be able to excuse compliance with the ACoP.

So back to the original question, could someone refuse to work in an area which is below the ACoP guidance temperature limit?

In my opinion yes, if the employer is not taking all reasonable steps to fulfill their duties under the WHSaWRegs and thus the HSAW Act in not providing a work place which is safe and with out risk to health. And where it is not argueable for the requirement of the temperature to be above/below that of the ACoP or that there are provisions are in place which are suitable in mitigating the temperatures to which employees are being exposed.

Des

Posted By John Packer
Hi John,
Can you point me to any reports/case records on the above tribunal hearing? I could certainly use that info myself.

Regards,

John

Posted By Peter F.
How long is the heating going to be off? In summer when it may be to hot due to outside forces, do they like to have the extra breaks then or do they work out?

The term 'significant risk to health' as used earlier means 'significant' not are you a bit cool for a couple of days.

To stop work could be deemed a strike and therefore illegal so the employees could be dismissed.

Posted By Descarte
I thought the regs said temperature should be reasonable, not deemed too high / low when there is a significant risk to your health?