Workplace deaths due to heat increase: discover the obligations of employers and workers

According to data from the International Labour Organisation (ILO), heat-related deaths in the workplace have increased by 42% in the European Union. We experience heatwaves every summer, and they are becoming more frequent, starting earlier and lasting longer. In June, in the midst of a heatwave, a cleaning worker in Barcelona died after her shift, and an investigation is underway to determine whether it was due to the heat.

Several studies by the European Trade Union Confederation indicate that when the temperature exceeds 30 degrees, the risk of workplace accidents increases by up to 7%, and if it exceeds 38 degrees, the risk increases by up to 15%. It is therefore necessary to be aware of the measures in place and to know the rights and obligations of employers and workers.

What are my rights at work during a heatwave?

Workers, in general, have the right to have their health and safety protected at work. Therefore, they must also be protected from adverse weather conditions such as heatwaves, especially when working outdoors or in places with high temperatures.

Workers have the right to have their working hours adjusted when the State Meteorological Agency declares a risk situation due to extreme temperatures (orange or red levels).

They also have the right to have a risk assessment carried out in relation to high temperatures.

Furthermore, they are entitled to fresh water and appropriate clothing to protect themselves from the heat.

In addition, in accordance with the provisions of Article 37 of the Workers' Statute, they are entitled to up to four days of paid leave if it is impossible to access the workplace or travel on the roads due to recommendations or restrictions imposed by the competent authorities as a result of a disaster or adverse weather conditions.

What are the employer's obligations?

Employers have a number of obligations arising from the need to protect the health of their workers. In the event of a heatwave, these are as follows:

• Plan work so that the heaviest tasks and those carried out in the sun are done during the cooler hours of the day or not at all if temperatures are extreme.
• Organise work so that frequent breaks are taken to rest and cool down.
• Provide employees with fresh water.
• Provide shaded areas if working outdoors or air-conditioned areas if working indoors.
• Train and inform workers about the occupational risk prevention measures to be taken and how to detect if they are suffering from the effects of heatstroke.
• Monitor the environmental conditions of the workplace, temperature and humidity, so that measures can be taken if they are not adequate.
• Provide clothing and footwear suitable for high temperatures.
• Establish a system to monitor the health of workers on a regular basis, especially in the case of people at risk.
• Include ventilation and cooling systems in enclosed workspaces.

As an employee, it is also important that you take care of yourself and, if you feel unwell due to the heat, notify your supervisor so that they can take the appropriate measures.

At G. Elías&Muñoz Abogados, we have helped many people in difficult work situations. We specialise in executives and senior managers. If you have a problem at work, contact us so that we can study your case and advise you.