Heat wave and work: what does the Labor Code say?

Article originally published in June 2019

” It’s hot, huh ?!“. Accounting’s Jean-Mi is day 10 to throw this scoop in an open (non-air-conditioned) space and you want him to eat his expense reports (but fatigue could make you even hotter).

Jean-Mi is right, however, with the heat wave that hit France this week, temperatures at work (indoors and out) are high. And you may be wondering if you have the legal right to stop working due to a heat wave.

Can we stop working due to the heat wave?

This article, which reviews the legal provisions for civil servants and employees, should undoubtedly interest you.

If you are independent, it is up to you to decide in your soul and conscience whether it is reasonable to continue working in this heat, or whether it is better to go and read Picsou magazines in the darkness of your cave your apartment sucking Mister Freeze.

The other option, of course, is to go to work in an air-conditioned place: bar, library, etc.

Ensuring the health of employees in the event of a heat wave

First bad news: the Labor Code does not provide for any temperature beyond which work must be suspended. The employer’s only (and rather vague) legal obligation is to ensure the occupational safety and health of their employees.

Specifically, the only two obligations specified are:

• provide fresh drinking water,
• ensure that the air is renewed indoors.

However, this does not mean that the company has to install an air conditioning system. As Marine Sonnerat, Éditions Tissot jurist explains: ” a simple ventilation towards the outside is sufficient“. Understanding: a window.

Above 33 ° C, the work presents considerable dangers

However, the National Institute for Research and Safety believes that above 33 ° C the work presents significant dangers, particularly when it requires the use of physical force.

And all workers can, in case of serious and imminent danger to their health, exercise the right of withdrawal. In fact, it can be tricky to assess whether high temperatures pose a serious and imminent danger … It’s much easier to estimate when it comes to driving a truck with bad brakes, for example.

However, the heat wave can have real consequences on the body (malaise, dehydration, heat stroke …), causing accidents at work or death in extreme cases.

Therefore, pay particular attention to the first symptoms (fatigue, profuse sweating, nausea, headache, dizziness, cramps, etc.) and regularly hydrate with cool, but not icy, water.

The risks are aggravated when the relative humidity of the air is high (above 70%) and when night temperatures are above 25 °, as they prevent the body from fully recovering and interrupt sleep.

Adapt the facility to continue operating despite the heat wave

You can also ask your employer to put measures in place to make the job more bearable:

• increase the frequency of breaks (in the shade / cool),
• staggering schedules (arrival and departure before work – the period before 11 is the most pleasant in terms of temperature),
• teleworking (if it’s cooler at home or if it can save you from cramming a bus or subway without air conditioning), etc.

Finally, I can only encourage you to keep an eye on the temperature in your home and office, closing the shutters and windows when the outside temperature is higher, then opening them in the evening or early in the morning when it drops.

You can also work on air circulation (fan, drafts, fan) and your clothes (light colors, loose clothing made of breathable material, hat in direct sunlight, etc.).

I leave you, I’m going to take my second cold shower of the day.

Photo credit image of one: dimaberlinphotos