And here is HSE's reply.
Ref: VBRY-7TTDJW
Dear Mr *********
Thank you for your enquiry regarding temperatures whilst at work.
There is no maximum or minimum temperature set down under health and safety regulations which relates to outdoor workers.
Section 2 of the Health & Safety at Work etc Act 1974 places a general duty of care upon employers to ensure the health, safety and welfare of all employees at work.
In addition to this, all employers are required to assess the risks to their employees health, safety and welfare from work activities and put into place precautionary measures to reduce those highlighted risks. Risk assessments are a legal requirement under the Management of Health and Safety at Work Regulations 1999.
Regulation 3 stipulates that:
Every employer shall make a suitable and sufficient assessment of -
(a) the risks to the health and safety of his employees to which they are exposed whilst they are at work; and
(b) the risks to the health and safety of persons not in his employment arising out of or in connection with the conduct by him of his undertaking.
The associated Approved Code of Practice states:
This regulation requires all employers and self-employed people to assess the risks to workers and any others who may be affected by their work or business. This will enable them to identify the measures they need to take to comply with health and safety law. All employers should carry out a systematic general examination of the effect of their undertaking, their work activities and the condition of the premises. Those who employ five or more employees should record the significant findings of that risk assessment.
A risk assessment is carried out to identify the risks to health and safety to any person arising out of, or in connection with, work or the conduct of their undertaking. It should identify how the risks arise and how they impact on those affected. This information is needed to make decisions on how to manage those risks so that the decisions are made in an informed, rational and structured manner, and the action taken is proportionate.
A risk assessment should usually involve identifying the hazards present in any working environment or arising out of commercial activities and work activities, and evaluating the extent of the risks involved, taking into account existing precautions and their effectiveness. In this approved code of practice:
(a) a hazard is something with the potential to cause harm (this can include articles, substances, plant or machines, methods of work, the working environment and other aspects of work organisation);
(b) a risk is the likelihood of potential harm from that hazard being realised. The extent of the risk will depend on:
(i) the likelihood of that harm occurring;
(ii) the potential severity of that harm, i.e. of any resultant injury or adverse health effect; and
(iii) the population which might be affected by the hazard, i.e. the number of people who might be exposed.
Reference: L21 The Management of Health and Safety at Work Regulations 1999: Approved Code of Practice and Guidance, ISBN 9780717624881, £8.00.
In relation to construction workers, the Construction (Design and Management) Regulations 2007 states the following:
Temperature and weather protection
43(1) Suitable and sufficient steps shall be taken to ensure, so far as is reasonably practicable, that during working hours the temperature at any indoor place of work to which these Regulations apply is reasonable having regard to the purpose for which that place is used.
(2) Every place of work outdoors shall, where necessary to ensure the health and safety of persons at work there, be so arranged that, so far as is reasonably practicable and having regard to the purpose for which that place is used and any protective clothing or equipment provided for the use of any person at work there, it provides protection from adverse weather.
Reference: L144 Managing Health and Safety in Construction: Construction (Design and Management) Regulations 2007 ISBN 97807176 62234 £15.00
Regarding providing protective equipment such as the provision of thermal or waterproof clothing, the relevant regulations are the Personal Protective Equipment at Work Regulations 1992. Regulation 4 states:
Every employer shall ensure that suitable personal protective equipment is provided to his employees who may be exposed to a risk to their health or safety while at work except where and to the extent that such risk has been adequately controlled by other means which are equally or more effective.
The associated guidance states:
Employers should, therefore, provide appropriate personal protective equipment (PPE) and training in its usage to their employees wherever there is a risk to health and safety that cannot be adequately controlled by other means.
In order to provide PPE for their employees, employers must do more than simply have the equipment on the premises. The employees must have the equipment readily available, or at the very least have clear instructions on where they can obtain it.
By virtue of Section 9 of the Health and Safety at Work etc Act 1974, no charge can be made to the worker for the provision of PPE which is used only at work.
Section 9 of the Health and Safety at Work etc. Act 1974 states: "No employer shall levy or permit to be levied on any employee of his any charge in respect of anything done or provided in pursuance of any specific requirement of the relevant statutory provisions". Section 9 applies to these Regulations because they impose a 'specific requirement' - i.e. to provide PPE.
Reference: L25: Personal Protective Equipment at Work Regulations 1992: Guidance on Regulations,
ISBN 9780717661398, £5.75
Copies of HSE publications are available from HSE Books
See they made no mention of the LEGALLY required thermometors,which half the Offices don'y seem to have!
