We have longed for it for a long time and now it has finally arrived: summer. While this time of year is the best time of the year for many who are on holiday or on holiday, it can quickly become a burden for those who have to work. The heat records in our latitudes continue to climb and this raises some important questions: What impact is the rising heat having on our workplaces and what measures can be taken to best ensure the health and safety of employees?

According to current models, rising temperatures will also become more frequent and more intense in Germany in the future. At the workplace, however, there are hardly any rights to time off, even in almost tropical conditions. At the same time, employers have a duty of care: They must respond to the hot weather - a requirement that derives directly from occupational health and safety law, the Workplace Ordinance and the general duty of care. But what exactly does this look like in everyday working life? 

Summer heat and its effects on the workplace

The increase in hot days, which are defined by temperatures of at least +30 degrees Celsius, sometimes leads to considerable stress in many workplaces. Although extreme temperatures do not have a direct impact on so-called "hot work", they do have a significant effect on the indoor climate, which can exacerbate working conditions.

Companies must therefore prepare themselves to take the safety and health of their employees into account more and more in the future, especially in unusually high temperatures, for example when developing and implementing occupational health and safety concepts. A concept of measures for hot days in summer is therefore essential and should be drawn up in collaboration with occupational safety experts and company doctors. An important aspect here is the differentiation between so-called "climate-stressed workplaces" and hot work.

Difference between hot work and climate-contaminated workplaces

Heat work includes activities that are carried out under extreme heat stress and can lead to a significant increase in core body temperature. Heat work therefore refers to jobs that involve particularly high temperatures as a result of the activity to be carried out. Examples include work in foundries or on thermal processing plants. Such workplaces require special protective measures and regular medical check-ups to monitor the health of employees.

Climate-stressed workplaces, on the other hand, are workplaces such as offices or warehouses, which generally do not experience a permanently high heat load and are usually seasonal. In these workplaces, it is important to take measures such as sun protection devices and increased ventilation to regulate the room temperature and create a healthy working environment.

Protective measures at workplaces exposed to climate change

To ensure that room temperatures in workspaces do not rise above +26 degrees Celsius in summer heat, the following measures, among others, can help:

• Sun protection devices: Prevent direct sunlight from increasing the room temperature.
• Increased ventilation: Ventilate especially during the cooler night and morning hours.
• Increased fluid intake: Provide suitable drinks for employees, such as mineral water or isotonic drinks, to ensure adequate hydration.
• Flexitime arrangements: Depending on operational possibilities, introduce flexible working hours to avoid the hottest hours of the day and thus reduce stress.

Workplaces exposed to heat and additional measures

Workplaces exposed to heat, such as in industrial laundries or kitchens, can also be exposed to external heat during the summer months. Special protective measures are required here to protect the health of employees:

• Take regular breaks in cool areas: To avoid overheating and cool the body down.
• Appropriate clothing: If operational conditions allow, light, breathable clothing can help to regulate body temperature and prevent heat build-up.
• Humidity control: It is important to check the humidity regularly, as high humidity can increase heat stress.

Requirements of the Workplace Ordinance in hot weather

Employers' duty of care in hot weather is specified in the workplace regulation "ASR A3.5 Room temperature" in conjunction with the Workplace Ordinance (ArbStättV) and the Occupational Health and Safety Act (ArbSchG). The ASR formulates minimum requirements for the measures that employers must take to maintain a tolerable room temperature at the workplace.

ASR are recommendations

The ASR ("Technical Rules for Workplaces" or "Workplace Rules") are merely recommendations and are not directly legally binding. However, they offer the employer room for manoeuvre based on current ergonomic findings and concretise occupational health and safety in accordance with the ArbStättV. In practice, authorities and courts are often guided by the requirements of the ASR.

Different temperature terms in the ASR

Since March 2022, ASR A3.5 "Room temperature" contains extended specifications on the measures to be taken in summer heat. ASR A3.5 works with different terms for temperature and defines, among other things

• Room temperature: The temperature perceived by people, which is determined by the air temperature and the temperature of the surrounding surfaces.
• Air temperature: The temperature of the air surrounding a person without the effect of heat radiation.
• Climate sum measure: A summary of air temperature, humidity, air speed, heat radiation and other climate variables.

The temperature limits of the ASR

The ASR specify various temperature limits that employers must observe as part of their duty of care:

• The employer should take action if the room temperature at the workplace reaches +26 degrees Celsius.
• At room temperatures above +30 degrees Celsius, the employee must take action. The ASR specifies measures such as lowering blinds, ventilating rooms overnight, offering drinks, starting work earlier and using fans. However, there is no obligation to provide air conditioning.
• At temperatures above +35 degrees Celsius, the workplace is no longer considered suitable according to ASR A3.5. Technical and organisational measures such as air showers, cooling phases or the provision of heat-protective clothing are then mandatory.

Special regulations for construction sites and mining

ASR A3.5 stipulates special measures for high air temperatures of over +30 degrees Celsius on construction sites, such as the installation of awnings, longer lunch breaks and cool drinks. The same applies to other outdoor work, such as roofers and gardeners. In mining, additional paid breaks of 10 minutes at effective temperatures of 29-30°C and 20 minutes above 30°C are proposed.

Special case of home office

A distinction must be made in the case of excessive heat in the home office: In the case of teleworking, the employer has set up the workplace and is responsible for occupational health and safety and therefore also for the correct temperature. In the case of mobile working, the employee may decide for themselves where they carry out their work and is therefore also responsible for the temperature. This distinction is particularly relevant for work in the public sector.

Practical help against heat

According to the Occupational Health and Safety Act, the employer is obliged to carry out a risk assessment at the workplace. Existing hazards must be eliminated as part of this or appropriate measures must be taken to minimise hazards as far as possible. Employers should use fans or air conditioning units - even beyond the legal requirements - and ensure that employees have sufficient drinks such as mineral water or fruit juices available.

Here are a few practical tips for employees:

• Ventilate early in the morning and close blinds during the day: Keeps the rooms cooler.
• Run cold water over your wristsQuick cooling for the body.
• Wear light, airy clothingReduces the risk of heat build-up in the body.
• Drink a lotPrefer mineral water, isotonic drinks or fruit juices to compensate for the loss of fluids and minerals.
• Favour light foodAvoids additional strain on the circulation.

Conclusion

The summer heat poses particular challenges for occupational health and safety. It is therefore crucial that employers and employees ideally work together to take measures to ensure health and safety in the workplace, even in extreme temperatures. Appropriate protective measures, flexible working time arrangements and careful planning can sometimes significantly reduce summer workplace exposure to high temperatures. A proactive approach and compliance with legal requirements are extremely helpful in creating and maintaining a safe and healthy working environment - even on the hottest days of the year.

FAQs

What temperature is permitted in the workplace under labour law?

According to the Workplace Ordinance, the room temperature at the workplace should not exceed +26 degrees Celsius. At temperatures above +30 degrees Celsius, the employer must take measures such as blinds, ventilation and the provision of drinks.

What requirements does the Workplace Ordinance stipulate for heat?

The Workplace Ordinance in conjunction with ASR A3.5 Room temperature requires employers to take measures to ensure a tolerable room temperature. At temperatures above +35 degrees Celsius, the workplace is considered unsuitable and additional protective measures must be taken.

What does the risk assessment for heat in the workplace include?

A risk assessment for heat in the workplace includes an evaluation of the room temperature, humidity and other climatic conditions. The employer must introduce measures such as ventilation, sun protection and the provision of drinks to protect the health of employees.

What measures need to be taken when working on the construction site in hot weather?

In the event of high temperatures on the construction site, ASR A3.5 provides for measures such as the installation of awnings, longer breaks and cool drinks. These measures help to reduce heat stress and ensure the safety of workers.