Heatwave at work: what are your rights in hot weather?

Published by My de Sortiraparis · Photos by My de Sortiraparis · Published on September 9th, 2023 at 09:02 a.m.
Faced with the heatwave raging in France, with 49 departments classified as "orange" and 4 as "red" this Tuesday, it's vital to know your rights at work, as well as employers' obligations in terms of employee health and safety.

France is in the grip of a major heat wave, with temperatures expected to reach around 40°C in various regions. Faced with such extreme conditions, the question inevitably arises of the consequences for the working environment. So what do employees need to know? And what should an employer do?

Employers are bound by a safety obligation to ensure the health and safety of their employees, whatever the weather conditions. When a heatwave alert is triggered (yellow, orange or red vigilance), various measures must be taken:

  • Staggered working hours (arriving and leaving earlier),
  • Take longer and more frequent breaks,
  • Switching off non-essentialelectrical appliances,
  • Promotion of teleworking for activities that allow it,
  • Distribution of free soft drinks.

In addition, the employer must ensure that the air in the premises is continually renewed and ventilated. While air-conditioning is not compulsory, cooling equipment such as fans and misters must be made available.

As for those working outdoors, the French Labor Code requires specific arrangements such as shaded areas or air-conditioned spaces. In the construction industry, the provision of at least three liters of water a day is mandatory.

Nevertheless, despite these recommendations, there are calls for a re-evaluation of the Labor Code standards in the face of intensifying heatwaves. For Hadrien Clouet, LFI MP, the introduction of compulsory breaks from 28°C and a reduction in working hours from 34°C are necessary. A bill along these lines has already been tabled.

With regard to the right of withdrawal, in the absence of a maximum temperature authorized by law, employees can still trigger it if they feel their health is in danger. The INRS considers that, for physical work, conditions in excess of 28°C are dangerous.

Employers, for their part, cannot punish employees for exercising their right to withdraw from work because of the heat, nor can they withhold their wages. The adaptation of regulations in the face of global warming is under discussion, with a bill tabled on July 20, 2023 to introduce regular breaks and work suspension in the event of extreme heatwaves.

Find out about your rights, stay informed, and don't hesitate to talk to your employer to ensure your well-being and safety at work during these heatwaves.

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