With temperatures set to fall to -10C and snow blanketing large parts Ireland, and Met Éireann Yellow Weather Warnings of bitter cold and treacherous travel conditions, workers across the country are wondering if their jobs will affected.
While there are no set rules around what is considered ‘too cold’, there are guidelines around employee safety and comfort that the bitter cold and snowstorms expected may meet.
In general, employers have a duty of care to employees. In particular, for sedentary and office workers there are temperature ranges advised by the Health and Safety Authority (HSA) as between 18C and 23C depending on the working conditions, whether PPE is worn and the levels of physical activity generally involved.
Guidelines are also in place with the HSA for general manual workers, where conditions and temperature need to be “appropriate for human beings, having regard to the working methods being used and the physical demands placed on them”. Meanwhile, Moira Grassick, COO at Peninsula Ireland, stresses that the 17.5C minimum temperature requirements should be observed by employers.
Moira Grassick explains: “Just because there is an absence of clear direction in the legislation, it doesn’t mean that your employees should be expected to work at any temperature. […] The Safety, Health, and Welfare at Work (General Application) Regulations 2007 specify 17.5C as the minimum temperature for sedentary office work, or for other sedentary work that does not involve serious physical effort, a minimum temperature of 16C to be achieved and maintained after the first hour’s work.”
Workplaces should also provide proper personal protective equipment for jobs – and this includes working in low temperatures. Outdoor workers should be supplied with suitable uniforms or work gear that include coats, hats, boots and protective eyewear, according to the Safety Health and Welfare at Work Act 2005, the cost of these cannot be transferred to the employee.
Unfortunately, the law does not provide for days off forced by the weather. HR Buddy’s Damien McCarthy explained the situation as it stands: “There is no statutory entitlement for an employee to be paid if they cannot attend work because of extreme weather. McCarthy says that any pay for days off in those circumstances would be an agreement between the boss and their workers.
However, he says that bosses would be “encouraged to take a long-term view of the working relationship, recognising that demonstrating concern for the welfare of employees and treating employees fairly translates into a better working environment to the benefit of both the staff and the employer.”
Employers are also being urged to relax dress codes to help staff stay warm if they are not required to provide protective gear. They are urged to bring in more heaters to ensure that work and break areas are adequately heated.
People working from home should also be provided with the means to ensure their home workspaces are warm enough, according to Moira, but it will ultimately be the responsibility of the worker in most cases. Damien McCarthy explained that changes to rotas should come with 24 hours notice, but that in exceptional circumstances, such as extreme weather events, this 24-hour notice does not apply.
Another thing to watch for is that employees are not entitled to be paid by employers if the premises cannot open due to inclement weather. Those who drive for their jobs should not be operating in unsafe conditions, and this guideline extends to those going to and from work.
This is part of the duty of care to workers, who should not be asked to risk their safety to get to and from work. Employers should also be more accommodating for lateness and absences forced by bad weather. This also includes more leniency when it comes to lateness due to traffic or commuter disruption.
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