Hi Hendlem
In an earlier post you mentioned that you were doing an H&S apprenticeship so I don't know how far you have got with the niceties of legislation and the status of the guidance that supports it.
So, forgive me if I am stating the obvious but some UK H&S Regulations are supported by an Approved Code of Practice (ACOP), where the ACOP guidance is invariably mixed in with other "Guidance".
HSWA explains the special legal status of guidance that is in an ACOP = in effect, quasi Regulations as if you don't do what it says in an ACOP and it comes to the crunch, the defendant has to prove that they have taken at least equally effective measures to meet the reqeuirement of the overarching law.
When it comes to workplace temperature, you are looking at the Workplace (HSW) Regs 1992 which do not state what might be a reasonable (MINIMUM) temperature, but rather leave that to the ACOP which gives you a bit of a get out clause from the 16 degrees C that you quote (A reflection that the Workplace Regs consolidated what came before including in the Woodworking Machinery Regulations 1974).'
So the relevant bit of the ACOP and Guidance which supports the Workplace Regs [L24] states:
60 The temperature inside the workplace should provide reasonable comfort WITHOUT the need for SPECIAL CLOTHING. If reasonable comfort cannot be achieved because of hot or cold processes, all reasonable steps should be taken to achieve a temperature which is as close as possible to comfortable.
61 The temperature in a workplace should normally be at least 16 degrees Celsius. If work involves rigorous physical effort, the temperature should be at least 13 degrees Celsius. However, these temperatures may not necessarily provide reasonable comfort, depending on other factors such as air movement, relative humidity and worker clothing. Temperature readings should be taken close to workstations, at working height and away from windows.
62 These temperature guidelines do not apply where it would be impractical to maintain those temperatures, for example in rooms which HAVE TO BE OPEN to the outside, or where food or other products have to be kept cold. In such cases, the temperature should be as close to those mentioned in paragraph 61 as is practical.
[My CAPITALISATION]
Starting from the bottom, it is difficult to argue that the workplace HAS to be kept open as you used to have working shutter doors. Up to management to explain why these could not be reinstated OR some alternative provision such as the strip curtains that Roundtuit suggests be put in place.
Your management appears to wish to default to PPE when paragraph 60 tells them, in effect, that this should be last resort AFTER they have taken steps to ensure that the working environment is at a "reasonable" temperature which might be a minimum of 13 degrees for SOME work activities, but 15 for people doing e.g. relative sedentary activities.
It's not reasonable to maintain a cold room in a food factory at 13 or 16 degrees + in a food factory. Similarly, it wouldn't be reasonable to expect a jobbing joiner working at a circular saw at 7am in mid Winter to get temperature up to 13 or 16 degrees when everyone will be heading off to a construction site at 8am.
But in either such scenario there are plenty of things that can be done and which meet the "reaesonable" criteria. So, e..g. localised heaters, places where people can warm up etc etc.
Sounds to me that it is time that your management start to manage and stop trying to cut corners. Good chance that they would save money if people are not walking around looking like Michelin Men (and Women) and can work better, thence improving productivity.
Good luck, Peter
PS - well done on trying to tackle this in August!
Edited by user 04 August 2025 16:01:21(UTC)
| Reason: A PS