Employment Lawyers ask is your company affected by the wrong kind of Decorator?

With heatwave temperatures expected in the first week of July, employers who don’t react responsibly to overheating conditions in the workplace could find themselves getting a roasting from both the criminal and civil courts for making staff tough it out.

Jonathan Whittaker, employment partner at Cheshire’s biggest law firm, SAS Daniels LLP, says that few employers realise that even the weather is catered for in the Management of Health and Safety at Work Regulations 1999.

“Employers are required to assess workplace risks: the physical condition of the building, the potential effect of a lazy decorator painting a window shut – even the impact or distraction created by a skimpily dressed secretary,” he said.

“Employers perhaps don’t realise that while weather may be a changing or temporary state of affairs affecting the workplace, there is still an absolute requirement under the 1999 regulations to provide a written risk assessment of the potential impact of hot weather.

“Uncomfortably hot weather can cause injury, illness and bad behaviour – but it is my belief that, in traditional British style, very few businesses are prepared in line with the requirements of the regulations.

“Employers cannot hide behind the claim of a freak ‘heatwave’. Britain is now a country that gets very hot in summer as a matter of course.

“A risk assessment of working conditions in hot weather will illustrate all likely issues arising from heat as well as what can or should be done about it: allowing staff ‘aircon’ breaks into cooler parts of the building, actively providing them with chilled water, generally making special efforts to improve comfort.

“Take a simple chain of events: somebody gets too hot, feels a little faint, needs some air, but the office windows have been painted shut. He or she walks to the stairs, but the act of suddenly standing up causes light-headedness – and he or she falls and is injured.

“Both civil and criminal proceedings are possible as a consequence; there will be insurance issues arising, and in some cases licences or permits to work, use a particular part of a building or produce certain types of goods may be withdrawn.

“A risk assessment would reveal the risks associated with the physical condition and layout of the building, but, crucially, it would also reveal which staff or types of staff are at risk as a consequence – and it would not always be the obvious.

“As well as people who may be disabled, impaired in some way, have breathing difficulties or are pregnant, there are people whose self-control may be affected by the heat. Employers should be prepared to deal with people who may act out of character or whose judgment is impaired because they’re simply too hot and bothered.

“Disciplinary proceedings may need to be changed or relaxed in some circumstances.”

Jonathan Whittaker recommends employers arm themselves with a Health and Safety Executive booklet: “Five Steps to Risk Assessment”.

Those five steps are: assess hazards and who may be harmed and how; evaluate the risks associated with those hazards; decide whether existing precautions are adequate or more should be done to protect; record the findings of the risk assessment; review and revise ongoing if necessary.

SAS Daniels LLP has offices in Stockport, Macclesfield, Congleton and Bramhall.

For more information contact Jonathan Whittaker