Thermal conditions at work can lead to a strike!

It's officially winter and time to wrap-up and stay warm - if possible! Do you know that there are thermal requirements that you have to follow? This week's question is very interesting because our expert advises about PPE, appropriate temperature control, and strikes!

Question

A company  received a formal complaint from the union regarding the temperatures in the warehouse in the winter. The doors are only opened when they are loading parcels into the vehicles.

Can the company be held liable to install heaters in an area exceeding 1500 m2?

Must the company supply the employees with special protective clothing against the winter chill, or is it for their own account?

The employees are not working with or in refrigerated areas.

Can they call for a strike, because they get cold at work?

Answer


If the company needs to provide protective clothing, the company must carry the cost.


The company needs to do a risk assessment of the problem and determine what the actual ambient temperatures are where the employees are working. Then look at the Environmental Regulations for Workplaces Section 2(1) which deals with thermal requirements.

Essentially if the temperature goes below 6 degrees Celsius the employer must provide protective clothing. It is quite possible that the ambient temperature will be below 6 degrees at times.


What also needs to be taken into consideration is the fact that one of the first effects of being cold is the loss of muscle and grip strength. This could occur at temperatures above 6 degrees where people have been exposed to the cold for some time (the lower the temperature the shorter the time to experience this effect). The wind chill factor also needs to be taken into account.