All the lights are red, we are being warned of a heatwave we have never encountered before, even in the middle of June. Due to the occurrence of heat waves which can cause a health risk for the population and workers, a seasonal watch period is open as every year from June 1 to September 15. Since 2017, the Ministry of Labor, Health and Solidarity has reminded people of the precautions to take to protect yourself from extreme heat at work.
The employer has a “safety obligation” which must be understood as a real duty of prevention. Therefore, failure to comply with this obligation constitutes:
- in the event of a work accident or occupational illness,
- an inexcusable fault of the employer if the latter has not implemented all the necessary preventive measures.
The general obligation: article L4121-1 of the Labor Code
Generally speaking, the law requires the employer to take all necessary measures to preserve the safety and health of its employees. This obligation requires acting upstream by carrying out preventive actions, assessing risks, informing employees and planning an organization and appropriate means.
Focus on some specific obligations
During periods of extreme heat and heat waves, the employer puts in place the necessary measures to protect the health of its employees so that they can:
- be vigilant and look out for each other to react quickly in the event of exhaustion or dehydration;
- protect their skin and head from the sun;
- report discomfort or heat stroke;
- have drinking water available near workstations (individual water bottles or water point with cups, regularly cleaned);
- benefit from adapted working hours wherever possible.
For outdoor work, this also includes:
- to provide workers with a rest room adapted to climatic conditions or to arrange the site in such a way as to allow the organization of breaks in equivalent safety conditions;
- to provide workers with at least 3 liters of fresh drinking water per person per day (construction sites);
- ensure that drivers of machinery and vehicles are not exposed to excessively high temperature rises.
Certain provisions emanating from articles R4121-1, R4222-1 et seq. of the Labor Code should be known:
- If the premises are closed, the air must be renewed and ventilated in order to guarantee the purity of the atmosphere, avoid high temperatures, unpleasant odors and condensation.
- Fresh, potable water must be made available to employees.
- Outdoor workstations must be arranged to protect workers from atmospheric conditions.
Furthermore, in the construction sector, three liters of water per day must be distributed to each employee and a room must be provided to ensure the safety and health of employees. Failing the provision of premises, the site must be arranged to preserve the health and safety of employees.
Recommendations, to consume without moderation
Although the Labor Code does not set any maximum temperature threshold beyond which activity must cease, vigilance remains essential. The INRS and the CNAMTS point out that above 33°C, the risks for workers’ health become particularly significant.
Here are examples of concrete measures to implement in order to comply with your legal obligations related to high heat. These actions are essential to sustainably preserve your health and that of your teams.
- Arrangement of schedules;
- Arrangement of the work environment;
- Reduction in carrying loads;
- Ensure the compatibility of personal protection with heat;
- Provision of sources of drinking and fresh water;
- Limitation of exposure time;
- Avoid any isolated work;
- Information for employees.
In case of “heat stroke”
In the event that an employee feels ill despite the precautions taken by the company, it is essential:
- Alert emergency services: Samu (15), firefighters (18) or the European emergency number (112);
- Take all first aid measures.
Workplaces must be equipped with first aid equipment, adapted to the risks and easily accessible. The presence of an employee trained in first aid is mandatory in two cases:
- in each workshop where dangerous work is carried out;
- on each site employing at least 20 workers for more than 15 days where dangerous work is carried out (C. trav., art. A. 4224-14 et seq.).
Apart from these two mandatory situations, it remains strongly recommended to train employees in first aid, whatever the risks or the company’s workforce. This presence guarantees rapid treatment for any victim of a work accident or illness.
The employee’s right of withdrawal
The employee has the right to withdraw from his workstation if he considers that he is in “serious and imminent danger” for his health and that of other workers, according to article L4131-1 of the Labor Code. Furthermore, to exercise his right of withdrawal, he does not need authorization from his employer.
The law does not define any precise temperature threshold from which an employee can exercise their right of withdrawal. The assessment of the danger is therefore made on a case-by-case basis, taking into account the working environment, the arduousness of the tasks and the prevention measures deployed by the employer.
