When the cold seasons arrive at the workplace, conditions can quickly become uncomfortable. What rights do employees have if they’re freezing at work?
Technical Regulations Set Standards
Requirements regarding the temperature of work areas are generally regulated by the Workplace Ordinance (ArbStättV). However, the law merely states that work areas must maintain a temperature that is “conducive to good health,” taking into account the nature of the work and the physical strain on employees.
The Workplace Ordinance has, however, been supplemented by the so-called Technical Rules for Workplaces (ASR, specifically Section 3.5 on Room Temperature). These rules establish more specific guidelines: They classify physical exertion during work into three levels—light, moderate, and heavy—and specify corresponding temperature values for each.
Light physical strain is often associated with office work, while some manual trades involve moderate physical strain. Heavy physical exertion occurs when employees must work hard with their entire body for extended periods—this includes carrying and lifting heavy loads. However, how employees’ specific tasks are classified must be determined on a case-by-case basis. The works council has a say in this matter.
Minimum Temperature Depends on Physical Strain
The classifications of work intensity, in turn, determine the requirements for minimum temperatures in work areas. If employees primarily perform light or moderate tasks while seated, the air temperature in the work areas must be at least 20 or 19 degrees Celsius, respectively. For work performed while standing or walking, the minimum temperatures are 19 degrees Celsius for light work and 17 degrees Celsius for moderate work. For heavy physical labor, the temperature must not fall below 12 degrees Celsius. In break rooms or restrooms, however, the air temperature must always be at least 21 degrees.
The works council is obligated to verify that the employer complies with these legal standards.
When It’s Cold at Work: The Employer Must Take Action
If the temperature in the work areas falls below one of the specified minimum values, the employer must take corrective action. These measures can take various forms: The employer can provide radiators, schedule additional warm-up breaks, or supply appropriate clothing. The works council has a say in whether the measures taken are appropriate.
If the employer takes no action against the cold in the workplace, employees may not stop working on their own initiative. A refusal to work is only permissible in the event of a concrete health hazard. First, the works council should request that the employer take action. If the employer fails to comply with this request and the air temperature in the workspace is so low that it impairs health, employees may stop working.
However, the problem is that employees must prove that the temperature at the workplace poses a health risk. In this case, employees should definitely consult with the works council. Otherwise, a written warning or termination may result.
Working in Refrigerated Rooms and Outdoors
If employees work in mechanically cooled rooms (such as cold storage or fresh produce rooms) or outdoors as part of their job, the employer must take additional measures to ensure that their employees’ health is not endangered. Special cold-weather protective clothing is a must, as are rooms for warming up and changing clothes. In particularly cold working conditions below -5 degrees Celsius, the employer should provide special equipment to warm and dry the cold-weather protective clothing.
Employers must send employees who work in areas where the temperature is below -25 degrees Celsius for regular medical checkups.
In addition, regulations specify how long employees should work in cold conditions. At temperatures up to -5 degrees Celsius, employees should take a short break after two and a half hours of work. At temperatures between -5 and -30 degrees Celsius, work intervals must be limited to approximately 90 minutes.
When working outdoors in cold weather, unfavorable weather conditions such as wind and precipitation often come into play. In such cases, the employer must provide employees with additional appropriate clothing and equipment or protect them from wind and precipitation using appropriate measures. The employer should prevent icy surfaces by spreading grit and have snow cleared as quickly as possible. This allows the employer to minimize the risk of accidents for employees as much as possible.
