What is the law for working in extreme hot weather?

Under the Safety, Health and Welfare at Work Act 2005, employers have a strict duty of care to protect staff from heat stress.
What is the law for working in extreme hot weather?

Eva Osborne

Ireland could have record-breaking temperatures this week, with Met Éireann forecasting 28 degrees for parts of the country.

Damien McCarthy, the managing director at HR consultancy firm HR Buddy, said there is a noticeable spike in workplace absences and a drop in productivity during periods of good weather.

Irish law does not specify a maximum legal working temperature, he said. However, under the Safety, Health and Welfare at Work Act 2005, employers have a strict duty of care to protect staff from heat stress.

Even without a temperature cap, employers must assess and mitigate risks from extreme heat, McCarthy said.

This means they should provide free, easy access to cool drinking water; provide more frequent rest breaks and shaded areas for outdoor staff; adjust work and reschedule strenuous or outdoor tasks to cooler times of the day; and supply light, breathable clothing and high-visibility PPE suited for summer temperatures.

Due to high UV levels in Ireland, employers of outdoor workers must provide sunscreen (SPF 30+) and wrap-around sunglasses, and ensure gradual exposure to high heat to allow the body to acclimatise, McCarthy said.

For office workers and others who work indoors, employers should ensure good ventilation, provide blinds for sun-facing windows, and monitor the temperature.

McCarthy said: “Historically in Ireland, extreme hot weather leads to a noticeable spike in workplace absences and productivity drops.

"Absences tend to rise due to heat stress in poorly ventilated spaces, commuter delays and of course, the attempt to make the most of the sunshine, because we never know when we are going to see again. So, there always a chance that is increased sickies.

"In a normal year, Ireland's absence rate across all sectors is approximately 7.4% to 12.3. Industries such as construction, agriculture, and transportation, where outdoor heat stress and lack of shade are factors, historically record higher absence."

Under the Workplace Relations Commission, McCarthy said there is no statutory entitlement to be paid if an employee cannot attend work due to extreme weather.

"Employees may request to use annual leave or take unpaid leave with employer consent to cover absences caused by extreme weather.

"However, employers must still ensure their risk assessments account for higher temperatures and maintain safe, healthy indoor environments, consulting official HSA Guidelines where applicable.”

If you find yourself working in the heatwave, McCarthy advises to take these steps:

  • Drink water or electrolyte sports drinks regularly and avoid caffeinated beverages;
  • Keep indoor blinds and curtains closed during peak sun hours (11am to 3pm) to minimise heat buildup;
  • Use a damp cloth on the back of your neck and utilise electric fans if the temperature is below 35°C.

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