the topic of Heat in the workplace: the legal basics
in Principle, the employer is a gem. § 618, Para. 1 BGB obliged to protect the workers against hazards to life and health. The nature of the work, however, is to consider the ratio, such as, for example, office work or physically demanding work.
According to the work Directive, A 3.5 sites, the room temperature should not exceed in the office 26 degrees in order to avoid health hazards. In contrast, “to take”, the employer measures, for example, the blinds, even after the working hours, and existing apparel rules loosening or suitable drinks such as water. The right to “free Heat” in the workplace, however, is not regulated. The Person
Andrea steel Dipl.-Business law (FH), and the editor of the legal editorial staff of anwalt.de
are Pregnant the health of particularly vulnerable employees – particularly employees who perform heavy physical work – to keep from 26 degrees in the eye. This may require the adherence to specific temperatures. For Pregnant would be suitable, possibly, the activity in the Home Office better.
The current weather-situation, including the most important warnings in the Ticker from FOCUS Online
Is the physically difficult Work, there’s no cooler space provided or the Wearing of special work or protective clothing is essential, which hinders the heat dissipation is strong, can adjust the work after consultation with the employer.
30 degrees room temperature, the employer must act
from a temperature of 30 degrees in the office, the employer must take spaces measures of a technical and organisational nature. He must then ensure that adequate drinks are available, and in the early hours of the morning is revealed, he must make the overtime reduction is possible, or if the working shift by Flexi-time schemes, for such days are possible.
of 30 degrees, is the Taking of such measures mandatory.
Starting at 35 degrees you are allowed to work under certain conditions
set In a room indoor temperature from 35 degrees in offices and manufacturing sites no longer work. Here, the values are in the workplace significantly. In this case, the employer must provide air showers, water spray and heat protective clothing or cooling phases of organizing.
is not the employer against the heat and the work unworthy conditions, he has, in rare cases, there is nothing left but “to give Heat”. However, you should wait for the “Go” from the employer, and not to go home. Often it is also so that although they are engaged, but together with the employer, as the temperature rules.
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termination or fines that can threaten
workers should never threaten with “free Heat”, or simply the work place. The employer can then issue a warning and in case of repetition termination. The employee should reschedule the working hours by mutual agreement with the employer, Overtime, degrade or in other ways.
of Course, workers should not put their health at risk. However, there is no court decision that the employee is allowed to set at unreasonably hot temperatures, the working power of. However, it is undisputed that the employer in the case of a violation, to have not taken the appropriate measures, a fine of up to 5000 euros threatens.
the employer is normally keen to obtain the concentration and efficiency of the employee. Thus, he will strive, in principle, and do everything to ensure that the workers can work under reasonable conditions.
However, employees should not use the heat as an excuse for a trip to the lake, to leave the place of work. Talk with your employer and this will take in the rule case corresponding measures, even in this heat wave people worthy of working and the workers get their money. More tips to summer, the sun, the heat
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