This time, it will be a big blow of heat. After a first early heat wave but short In mid-June, France will experience a further rise in temperatures this week, which will last at least until next weekend, according to Météo France. The mercury should well exceed 30°C over a large part of the territory.
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“This heat wave will be a little less intense than that of 2019. But in terms of duration, it is much higher”warned Sunday July 10 Jean-Yves Choplin, forecaster at Météo France. In this context, what are the obligations of employers and the rights of exposed employees? Response elements.
The employer must “protect the health” of the employees
“When it starts to be very hot, the employer must intervene. He has an obligation to be vigilant”, underlines to franceinfo the lawyer Laure Germain-Phion, specialist in labor law. As the Ministry of the Economy reminds us, “the Labor Code provides that the employer must take the necessary measures to ensure the safety and protect the health of his employees by integrating the temperature conditions. Several measures are applicable: employees must have easy access to enough fresh drinking water, the premises must be well ventilated, the blinds and ventilation devices must work properly.
The temperature of the offices must be regularly monitored, and these premises must be evacuated if the internal temperature exceeds 34°C. The employer also has the obligation to“inform all employees of the risks, means of prevention and signs and symptoms of heat stroke”. It is a question, continues Bercy, of adding “the risks associated with thermal environments” in the single occupational risk assessment document (Duerp).
Specifics for those who work outdoors
Employees who work outdoors (particularly in construction) are “particularly exposed to the risks associated with high heat”. They must have access to at least three liters of water each per day. The employer is also responsible for setting up a “room to accommodate workers or site facilities to protect them from the heat”. At the same time, the company must ensure that the protective equipment remains “compatible with high heat”, and pay particular attention to machine operators as well as young employees, adds the service-public.fr site.
In a department placed on red alert by Météo France because of the heat wave, the Ministry of Labor stresses that each employer must reassess, on a daily basis, the risks incurred by its employees. This work must be done taking into account the evolution of temperatures, the types of work to be done, the age and the physical condition of each employee. If the safety and health of employees cannot be guaranteed, the activity must be put on hold. The use of partial activity is possible, such as the recovery of lost hours. In the construction sector, affected companies can have access to the so-called “bad weather” unemployment scheme, adds the ministry.
Flexible hours and telecommuting
During a heat wave, “The employer must, if possible, take precautions to reorganize working time within his company”, writes the Ministry of the Economy. A company can decide to adjust working hours, starting the activity earlier, and setting up breaks “additional and/or longer during the hottest hours of the day, if possible in a cooler room”. “If the employer can impose a working day that starts earlier, the employee cannot refuse it”, says lawyer Laure Germain-Phion.
The use of telework is also favored in the event of high temperatures. This is mainly organized by agreement between the employer and his employees, because “we can never impose telework, it would be to undermine personal life”, notes the labor lawyer. If the employee is more exposed to heat at home, “he must alert the employer to put an end to teleworking”, she adds. Laure Germain-Phion specifies that she sees little litigation on this subject.
Finally, if a department is placed on red alert, the Ministry of Labor specifies that “the list of employees benefiting from teleworking must be reviewed, paying particular attention to pregnant women, people suffering from chronic pathologies or with disabilities”.
Possible remedies and a right of withdrawal
Bercy specifies that several remedies are possible for employees, if they notice a lack of safety and protection of their health during a heat wave. Employees can contact the labor inspectorate, the staff representative or the health, safety and working conditions committee (CHSCT) of their company.
An employee can also “exercise your right of withdrawal”, as specified in article L4131-1 of the Labor Code. This provides that an employee “can withdraw” of a work situation “which he has reasonable cause to believe presents a serious and imminent danger to his life or health as well as any defect he observes in the protection systems”. “The difficulty is that if the employer does not agree, the employee is forced to go to the prud’hommes, tempers Laure Germain-Phion. This right should be exercised sparingly.” Instead, the lawyer advises “act” the danger to his employer, and to alert the inspection and occupational medicine before deciding to exercise his right of withdrawal.
During an episode of high heat, from what temperature can an employee consider himself in danger? There is no limit listed in the Labor Code but, according to the INRS, any temperature above 30°C “for an office activity”, and at 28°C “for physical work”, “may constitute a risk to the health of employees”.