Cold Weather Prompts Workplace Legal Warning

Ice and snow warnings across the UK have raised questions about how cold a workplace can be before employees should stop working.

The drop in temperatures has led to renewed focus on employers’ legal duties as winter conditions continue.

Health and safety lawyer Sarbjit Bisla of Weightmans said there is no set legal minimum or maximum workplace temperature, although employers must keep indoor environments at a reasonable level.

Guidance within the Approved Code of Practice for the Workplace Regulations 1992 suggests temperatures should normally be at least 16°C, or 13°C for physically demanding work.

Bisla said employers have a general duty under the Health and Safety at Work Act 1974 to protect their employees’ health, safety and welfare, which includes managing risks from cold temperatures.

She added that Regulation 7 of the Workplace Regulations requires indoor temperatures to be “reasonable” and that enough thermometers must be available for staff to monitor conditions.

Employers are expected to carry out a risk assessment that considers the type of work, shift patterns and exposure to cold. The findings must be recorded and used to determine whether additional measures are needed to protect staff.

The process should also include consultation with employees, including health and safety or trade union representatives, to ensure concerns about cold working conditions are formally addressed.

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