Heat wave: what are the responsibilities of employers during periods of high heat?

“the Labor Codeprovides that the employer must take the necessary measures to ensure the safety and protect the health of his employees, particularly with regard to temperature conditions.“recalls Bercy Wednesday, July 13, in the middle of a heat wave.

What are the measures that every employer must put in place during periods of high heat? Under the Labor Code, the employer must ensure that everyone can have access to drinking water nearby. A ventilation system must also be guaranteed to employees as well as additional breaks.

But what is above all essential, recalls Camille Smadja, labor lawyer at DJS Avocats, is to assess the risks associated with high temperatures via the single professional risk assessment document. “ Devices must be provided upstream to ensure the safety of the employee. In the event of a problem, it is the employer who is responsible and the employee, if he feels aggrieved, can seize the CSE for example.she adds. “I have some customers whose DUERP is not up to date, because they are wrongly not concerned about it…adds Camille Smadja.

In the event of hot weather, it is also necessary to rethink working hours: a necessary measure for all those who work outdoors. Working earlier in the morning can be a solution.

Labor law is more vigilant about the fate of construction workers: three liters of water for each must be available, a room must be nearby to shelter them and the wearing of equipment must be compatible with high temperatures.

Reinforcement of systems in the event of a red alert

We speak of a heat wave when the high heat sets in for more than three days. After such a period, any employer must monitor the evolution of the risks incurred on a daily basis. The organization of working hours must be rethought and teleworking is then a preferable option, in particular for fragile people (pregnant women, elderly people, etc.) For the construction sector, the cessation of all activity is requested “if the assessment shows that the measures taken are insufficient“.

Extreme heat waves: vigilance on the part of employers

“A new episode of very hot weatheris gradually being set up on the Atlantic coast, the south-west and the center-east of the country. In the departments placed in “heat wave” vigilance, the maximum temperatures will generally be between 36 and 38°C. Spikes close to 39°C are expected in the Southwest this Wednesday afternoon.” France weather announcement.

“Even if the business manager retains his power of discretion, the fact remains that employers still have the means to set up this type of system.concludes Camille Smadja.

It should also be noted that, in the face of the hot weather, the government has made a toll-free number available.

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