Proposal: Employees should be allowed to work less time in abnormal heat

Experts recommend stopping any physical activity immediately if you experience shortness of breath, changes in heart rate, weakness and dizziness.

So, do workers have the right not to go to work if the heat seems to pose a health risk? Does the law provide for this? At a time when anomalous temperature records are being updated from year to year, the importance of this issue is becoming more urgent than ever.

International experience

Our studies show that there are significant differences between international and national legislation on the procedure for working in hot conditions, ensuring the protection of workers’ rights.

For example, in the legislation of many states, it is clearly stated at what temperature the working hours will be reduced. They also mention that the work is suspended when the air temperature reaches a certain degree in the office or outside.

Belarus

In Belarus, the maximum temperature is 30-34 degrees. According to the labor legislation of the republic, office workers who sit at the computer all day have the right to work less than an hour when the room temperature reaches +28.5 degrees, and even leave the workplace without warning the supervisor when the temperature exceeds the established norms.

Russia

Article 212 of the Labor Code of the Russian Federation sets standards for work in hot weather, which requires employers to provide employees with normal and safe working conditions. According to sanitary norms, a temperature of 16 to 25 degrees is acceptable, depending on the season and the physical activity of the staff. If the thermometers are above the set limit, a number of obligations arise on the employer.

In particular, during abnormally hot weather, the employer should provide air conditioning in the workplace, allow employees to take breaks and rest, extend lunch time, provide short-term paid leave, allow employees to work from home depending on the situation, reduce production activities.

Those who work outdoors in the heat should wear special protective clothing. If the temperature is close to 37 degrees, then working outdoors is not recommended.

In both Belarus and Russia, employers can be fined or suspended for a period of time if they ignore the microclimate standards of the buildings in which they work.

Germany

When extreme high temperatures are observed in Germany, additional days off may be declared in schools and businesses. If it is decided at the federal level that students will not go to school in the heat, the cancellation of the working day in enterprises and organizations will be decided by the company’s management.

According to German labor law, the air temperature in the premises where employees work should not exceed +26 degrees. If the room temperature exceeds +30 degrees, the employer must take measures to cool the room.

National legislation needs to be amended

In 2016, the issue was raised in the media and social networks, when the Ministry of Labor clarified the issue of releasing employees in hot weather in Uzbekistan. According to the Ministry, in accordance with the microclimate sanitary and hygienic standards of production associations approved by the Chief Sanitary Doctor of Uzbekistan, for light physical work performed indoors, the optimal microclimate during the cold and transition periods of the year should be as follows:

Air temperature – 20–23 degrees, relative humidity – 40–60%, the speed of air movement should be no more than 0.2 m/s. At the same time, the air temperature should be 19-25 degrees, relative humidity should not more than 75%, air velocity is allowed not to exceed 0.3m/s.

In our opinion, as in international practice, our national legislation should set an average norm for office and outdoor workers, clearly define the number of hours to be reduced when the temperature rises, and the right of employees not to work in the heat.

In addition, the obligations of employers in hot weather conditions should be clearly reflected in the legislation, and liability for non-compliance should be established.