Legal Maximum Temperature At Work Campaign Update Report

[TrueBlueTerrier]

Legal Maximum Temperature At Work Campaign Update Report - New BFAWU Led "Cool it" Campaign & Parliamentary & Trade Unions Working Group

Letter to Branches




No. 962 /11
Ref E4
Date: 15 November 2011

All Branches, Safety Reps & Regional H&S Forums

Dear Colleagues,
  
Legal Maximum Temperature At Work Campaign Update Report - New BFAWU Led "Cool it" Campaign & Parliamentary & Trade Unions Working Group

This is an update report, further to LTB No. 894 /10, dated 14 October 2010.

The CWU has well established Conference policy in respect of campaigning in pursuit of the introduction of a legal maximum temperature at work. Motions 68(2004), 86(2005), 104(2006) and Motion 94 (2009) were all carried at General Conference and in summary instructed the NEC to campaign within the Trade Union and Labour movement for the introduction of a reasonable Legal Maximum Temperature at Work for internal and external workers, taking cognisance of the type of work undertaken and length of time working. Heat is a problem in the workplace and the current legal framework is not working.  In the 2006 TUC Safety Representatives’ Survey, one in three (34%) safety representatives cited high or low temperatures as one of their top concerns. 

The Health, Safety & Environment Department has continued to pursue our policy through every possible avenue and the issue has now become a long term objective of all UK Unions and in turn a major TUC led campaign, involving all UK Trade
Unions, which has been pursued for many years. The TUC, CWU and others have gone on record on many occasions indicating the support for regulation of the maximum temperature rather than just guidance or sector specific legislation.

The HSE are likely to produce guidance on temperature in the autumn. The Health and Safety Minister of the previous Labour Government agreed to refer the matter to the HSE for examination. The HSE board are still considering the issue of regulation on a maximum Temperature and are due to make a final decision before making recommendations to the Secretary of State. The Government have however, recently responded to a No 10 Downing Street on line petition calling for a legal maximum temperature at work as follows

The previous Labour Government were pressed to take action and in response the Health and Safety Minister Lord Bill McKenzie referred the matter to the Health and Safety Executive, instructing the HSE to undertake a review of the existing approach to workplace temperatures, looking at all the arguments for and against a legal maximum workplace temperature.  The Health and Safety Executive subsequently commissioned Professor Ray Kemp to assist HSE in a review of managing workplace heat.  The 'Kemp' report – published in October 2009 – concluded that the workplace temperature issue is not one that justifies active regulatory intervention! much to the extreme disappointment and anger of the Trade Union and much to the delight of many employers who opposed a statutory maximum temperature at work, resisting tighter regulation and are stating that there is no problem with managing workplace heat. The Unions believe that the 'Kemp' report demonstrated serious flaws in both Kemp’s and the HSE’s approach in so much as it; (a) over-complicated the debate by the use of science (b) HSE’s attempt to survey ‘stakeholders’ was very limited during the review in order to attempt to gain
a ‘consensus’ and (c) there was an underlying resistance to robust legislation and enforcement.

After the HSE presented the 'Kemp' Report to the former Labour Government Health and Safety Minister, recommending no new regulation maximum temperature, the HSE were asked to update the guidance on workplace temperature which they did. Currently the Workplace (Health, Safety and Welfare) Regulations 1992 lay down particular requirements for most aspects of the working environment.  Regulation 7 deals specifically with the temperature in indoor workplaces and states that:  ‘During working hours, the temperature in all workplaces inside buildings shall be reasonable.’  The associated Approved Code of Practice (ACoP) to those Regulations provides guidance with regard to the management of temperature in indoor workplaces, stating that Employers must ensure they meet basic standards of health and safety and comply with the regulations. The ACOP goes on to explain: 'Where the temperature in a workroom would otherwise be uncomfortably high, for example because of hot processes or the design of the building, all reasonable steps should be taken to achieve a reasonably comfortable temperature. Where a reasonably comfortable temperature cannot be achieved throughout a workroom, local cooling should be provided. In extremely hot weather fans and increased ventilation may be used instead of local cooling. Where, despite the provision of local cooling, workers are exposed to temperatures which do not give reasonable comfort, suitable protective clothing and rest facilities should be provided. Where practical there should be systems of work (for example, task rotation) to ensure that the length of time for which individual workers are exposed to uncomfortable temperatures is limited.

However, the Regulations and the Approved Code of Practice (ACoP) that do exist are often misunderstood, ignored and difficult to enforce.  Whilst some good employers do take measures to ensure a ‘reasonable’ working temperature, this can vary greatly from employer to employer leading to an ad-hoc approach across the UK. Copies of the latest guidance is attached for the assistance of Branches and Safety Reps.

The Health and Safety Executive currently advises that the best way to manage upper workplace temperatures is to implement appropriate controls based on the results of a thermal risk assessment.  To help duty holders with this, the Health and Safety Executive, in consultation with Unions and other stakeholders, has developed guidance on how to conduct a thermal risk assessment. This guidance can be found on their HSE website and a copy is attached.

In June the Bakers Food and Allied Workers Union (BFAWU) and their parliamentary Group of MPs invited the CWU and other Unions to join their long standing campaign and form a 'Maximum Working Temperature working group' which has now convened two meetings at the House Of Commons on 5th July and 18th October. The Working Group is Chaired by John McDonnell MP with Ronnie Draper BFAWU General Secretary and  Ian Hodson, BFAWU National President leading the group and providing Research and Co-ordinator support. Dave Joyce -  CWU National Health and Safety Officer is a member of the Working Group with National Health and Safety Officers from Unite, GMB, USDAW, NUT and others also part of the Group.

'Maximum Working Temperature working group' Action to Date:-

Campaign Statement
The following campaign statement has been endorsed:-
"The 'Cool it' Campaign has been launched to highlight and tackle the problem of high temperatures in workplaces. We feel that workers should not be forced to endure high temperatures without adequate measures being taken by the employer to control
the effect of heat. The Campaign therefore calls for the government to provide clear, coherent and enforceable requirements for employers about how to combat heat in the workplace - including the introduction of a maximum working temperature of around
30C and 27C for those doing strenuous, or more vulnerable, work. Once the temperature reaches the maximum limit, then control measures must be implemented to reduce the heat and/or the effect of the heat on their employees. We call for the increased
surveillance and enforcement by the Health and Safety Executive in this area. We need clear legislation which is easy to enforce and in which employers understand their obligations and employees understand their rights."

EDM 2151 – 'Cool It Campaign'
Each Union has been asked to distribute the EDM around their respective Parliamentary MP groups.
EDM 2151 Cool It! Campaign
"That this House welcomes the Cool it! Campaign launched by the Bakers, Food and Allied Workers Union to highlight and tackle the problem of high temperatures in workplaces; believes that workers should not be forced to endure high temperatures without
adequate measures being taken by the employer to control the effect of heat; supports clear legislation which is easy to enforce and in which employers understand their obligations and employees understand their rights; and therefore calls on the
Government to provide clear, coherent and enforceable requirements for employers about how to combat heat in the workplace, including the introduction of a maximum working temperature of around 30 degrees Celsius and 27 degrees Celsius for those
doing strenuous work."
To date the EDM has been signed by 48 MPs and we would like to see as much support as possible for the Motion amongst Parliamentarians.

Adjournment debate
'Maximum Working Temperature Working Group' Chair John McDonnell MP has been applying for an adjournment debate on workplace temperatures.  Supporting MPs will continue to apply for such a debate and in the event of being successful Unions would encourage attendance from as many MPs as possible in order that unions concerns from across the different industries are represented.

Temperature Survey
A 'Temperature Survey' has been drawn up, agreed and circulated around the various unions. It is proposed to set up the survey in a central hub on 'survey monkey' in order that the responses can be collated centrally.  The 'Maximum Working Temperature Working Group' came to the conclusion that the best time to launch such a survey would be in the spring when temperatures are generally higher and the issue is more prominent in peoples’ minds.  However, in some sectors such as bakeries, high temperatures remain a problem even in the depths of winters. Once the survey is ready to release each union to advertise as widely as possible amongst its membership through health and safety bulletins; activists networks, websites and articles in respective Union journals. Once the survey results have been collated it has been proposed to compile the results into a ‘temperature dossier’.  This is intended to counter the Government’s repeated statements that high temperatures in the workplace are not an issue.  The Government cite the 2009 research by the Health and Safety Executive which they use to assert that it is not a significant issue.

TUC Motion
Following the 'Maximum Working Temperature Working Group' decision in July, the BFAWU raised the issue of high workplace temperatures via a Motion to the 2011 TUC Congress. The motion was seconded by the RMT and was passed unanimously.
"BFAWU Motion to TUC Congress 2011
Maximum working temperature (health and safety)
Congress agrees that the TUC increase the pressure on the government of the day to legislate for a maximum working temperature that covers all workplaces. A maximum temperature of 30°C or 27°C should be pursued for those doing strenuous work,
where once the temperature reaches the maximum limit, then control measures must be implemented to reduce the heat and/or the effect on the employee. Congress would also ask that the TUC put pressure on the Labour Party to ensure that this
long-standing campaign forms part of their manifesto pledge."

Labour Party Manifesto
Part of the TUC Motion stated: “.Congress would also ask that the TUC put pressure on the Labour Party to ensure that this long-standing campaign forms part of their manifesto pledge.” This is of particular interest to Labour affiliated
Unions and the BFAWU MPs Group has written to the Shadow Secretary of State for DWP, Liam Byrne MP, asking for a meeting to discuss this issue.  The BFAWU is also writing to Ed Miliband MP seeking a dialogue over high temperatures in the
workplace.

Government
The BFAWU MPs Group has also written to Iain Duncan-Smith, the Secretary of State for DWP asking for a meeting in light of the adopted TUC Motion and policy and the interest amongst MPs in the issue as demonstrated by the signatories to EDM
2151. The Government have reiterated their position in a Written Parliamentary Answer to Iain Wright MP on 18th October 2011:-

"Mr Iain Wright: To ask the Secretary of State for Work and Pensions if he will bring forward proposals to set a maximum permitted working temperature. [73129]
Chris Grayling: In 2009, HSE commissioned an independent review into workplace temperatures, which drew on the wide range of non-Government research available. Following this review, conducted a survey about temperatures in workplaces, to which
2,933 completed responses were submitted. Evaluation of this and other data provided little evidence of significant numbers of illnesses, long or short-term, physical or psychological, caused or exacerbated by exposure to high temperatures. Given this, the
Government have no plans to set a maximum working temperature."Guidance currently available on the HSE website provides advice to business on how to deal with high temperatures.

Petition
The 'Maximum Working Temperature Working Group' agreed to consider the possibility of organising a petition.  The petition which would ask whether people were in favour of a limit being set for a maximum working temperature could either be explored by using the official No. 10 Downing Street e-petition mechanism or by using campaigning organisations such as Avazz or 38 Degrees.

Other areas of discussion
-Explore the possibilities of bringing an academic on board
-Wider conference at some point in 2012
-Possible investigations of bad working practices in dangerous workplaces

Summary and Action Points
Campaign statement to be endorsed by the trade unions
Circulate EDM 2151 Cool It! Campaign amongst respective Parliamentary groups asking for MPs to sign the EDM and give support





Further reports will be made in due course.

Yours Sincerely

Dave Joyce
National Health, Safety & Environment Officer
 

Attachments For Safety Reps Info:-
(a) HSE Thermal comfort checklist

Thermal comfort checklist.pdf

(b) HSE Thermal Risk Assessment Work Sheet

Risk Assessment AidsTools.pdf

(c) HSE information sheet; 'Heat stress in the workplace. What you need to know as an employer'

HSE information sheet Heat stress.pdf

(d) HSE Guidance; Keep your top on - Health risks from working in the sun

keep your top on.pdf

(e) List of British, European and International standards relevant to working in thermal environments

British, European and International standards relevant to working in thermal environments.doc

[demon]

how dose this affect a out door postman

[fishtank]

how dose this affect a out door postman

It doesn't.
Although well meaning,it's just a lot of hot air at the moment.

[POSTMAN]

Not as good as my Bee joke.
Best wishes,
Sue xx

[snoddy]

This could be of interest to CSS operators in delivery offices.

[andy2007]

how dose this affect a out door postman

Unless someone else has already prepared your walk before you arrive, it could potentially affect you. Particularly if start times get any later (it's cooler early in the morning). Although it's mostly for those who work indoors all day, because at times it can reach the high 30's indoors. It's even worse, if you're tipping/loading a trailer. They're like greenhouses!

Although it's rare. I have seen people suffer from heat exhaustion, from extreme temperatures indoors.