The Sahara heat has Germany firmly in its grip. Temperatures of up to 37 °C are expected in some regions these days. Some people would rather go to the outdoor pool than the office. But there is no such thing as a heat-free day for employees in Germany. However, we have summarized for you below what measures employers must take to protect their employees in these temperatures and whether it might not be possible to take a heat-free day after all.
Anyone who is not one of the lucky ones who works in a fully air-conditioned office or is officially allowed to work from home will be asking themselves these days in view of the rising temperatures: How warm can it actually be in the office? The Workplace Ordinance (ArbStättV) and the Workplace Rules (ASR) have defined the following in the ASR A3.5 - Room temperature - which sets out requirements on the reasonableness and permissibility of temperatures in the workplace for employees. So-called "hot workplaces" are excluded from the provisions of this regulation. These include all workplaces where physical activities are carried out at elevated temperatures (from 35 °C) (e.g. metal industry, forging, etc.).
Step model from 26 °C
The ASR does not specify a fixed temperature limit that must not be exceeded. However, employers are obliged to take protective measures according to a graduated model.
Employers should take action from a room temperature of 26 °C and must take action from a room temperature of 30 °C. The ASR gives the following examples of such effective measures:
- Ventilation in the early hours of the morning
- Effective control of sun protection (keep blinds closed)
- Effective control of ventilation systems
- Reduction of internal thermal loads (only operate electrical appliances if necessary)
- Use of flexitime arrangements
- Adaptation of the clothing rules
- Providing suitable drinks
What does the difference between "should" and "must" mean in practice? The fact that employers should take the aforementioned measures at room temperatures above 26 °C means that they are generally obliged to do so. Only in special circumstances may employers decide at their own discretion and deviate from the requirements. This could be the case, for example, if the company's operations cannot be reasonably maintained in flexitime or if a relaxed dress code seems inappropriate in view of customer traffic.
Above 35 °C room temperature, even protective measures are no longer sufficient and the room is no longer suitable as a workspace.
What to do if employers fail to remedy the situation?
Only in exceptional cases are employees entitled to take a "heat holiday". Some legal opinions advocate a reduction in working hours when the 26 °C mark is exceeded. However, this cannot be completely relied upon. If employers do not take the necessary protective measures in accordance with the step-by-step model and continuing to work under the specific circumstances poses a health risk to employees, this may be a reason for withholding work performance. In case of doubt, employees must then also prove this health risk. Employees should therefore always set a reasonable deadline beforehand to remedy the circumstances in order to avoid a warning or dismissal.
If you want to take matters into your own hands and set up a fan or air conditioning unit, you should definitely obtain permission from your supervisor beforehand. This is because the electricity used to operate these devices is work equipment and is therefore the property of the employer. Furthermore, there are also fire safety concerns about operating private electrical appliances in the workplace. And if a fire in a private device actually causes a fire at the workplace, problems with the insurance company are inevitable.
Dress code
High room temperatures are not a license to wear flip-flops and shorts. In principle, employers have the right to issue instructions and can therefore also determine the dress code at the workplace. However, this only applies in general and not in detail. For example, the wearing of a shirt and suit can be prescribed, but not the shirt pattern or suit color. If you want to be on the safe side, you should therefore agree with your line manager what relaxation of the dress code is permitted. Employers may accept employees wearing looser clothing than usual if certain temperature limits are exceeded, but it is advisable to find an amicable solution for both sides in the interests of industrial peace. Employees should always bear in mind that such supposedly minor conflicts can often be the starting point for a breakdown in the employment relationship and the reason for later disputes.
Mask requirement
Whether a mask must be worn at the workplace even in sweaty temperatures of around 30 °C depends on whether the "Corona emergency brake" of the federal government, which is still in force until June 30, 2021, requires the wearing of a mask at the respective workplace.
In individual offices, for example, masks are not compulsory. In all other workplaces, no deviation from the current legal situation can be expected despite the heat. However, employees can insist on break times if there is a health risk from wearing a mask. If there is an acute health risk, remedial action must be taken for reasons of occupational health and safety and the duty of care. However, the legal requirements of the Infection Protection Act cannot be violated. In these cases, it amounts to sick leave for the employees concerned.
