What measures must employers take in cold weather?
According to the Occupational Health and Safety Act, employers are obliged to design workplaces in such a way that the health of their employees is not jeopardised, including the risks that can arise from low temperatures. But at what temperature is it too cold to work?
Where are the regulations on the minimum temperature in the workplace laid down?
The minimum temperatures for offices, workshops and halls in winter are set out in the Workplace Ordinance and the "Technical Rules for Workplaces" (ASR A 3.5). According to the Workplace Ordinance (ArbStättV), workspaces must have "healthy room temperatures".
What minimum temperatures apply in the workplace?
The "technical rules for workplaces" specify the following minimum temperatures:
- For light sedentary activities in buildings, the minimum temperature is 20 degrees Celsius.
- For moderately sedentary activities, the minimum temperature is 19 degrees Celsius.
- For light standing or walking activities, 19 degrees Celsius is sufficient.
- The minimum temperature for moderately strenuous standing or walking work is 17 degrees Celsius.
- For heavy physical labour, only 12 degrees Celsius is required.
Are employees entitled to a comfortable temperature?
Although the Workplace Ordinance stipulates "healthy room temperatures", this does not necessarily mean that employees feel comfortable at this temperature. Individual well-being varies, as people have different temperature perceptions. Some feel most comfortable at 22 degrees Celsius, others at 23 degrees, while still others find 20 degrees Celsius pleasant. The ideal temperature for most people is between 21 and 22 degrees Celsius.
Is an office temperature of 19 degrees still sufficient?
To save costs, the legislator temporarily lowered the minimum temperature to 19 degrees in the winter of 2022/2023. However, this regulation is no longer valid and the temperature must now be at least 20 degrees for light sedentary activities in the office.
What are the regulations for break rooms, toilets, showers and first aid rooms?
Special regulations apply to rooms in which no work activities take place. An air temperature of at least 21 degrees Celsius must be guaranteed in break rooms, standby rooms, sanitary facilities, canteens and first aid rooms while they are in use. At least 24 degrees Celsius is required in the shower room. However, the following applies to toilet facilities: the temperature may be temporarily lower if ventilation is required.
Are employers obliged to provide heating?
Yes, employers must ensure that the minimum temperatures are maintained in the workplace. The measures to achieve these temperatures are their responsibility. Typically, this is ensured by a heating system in the building or in individual rooms. If this is not sufficient, the legislator stipulates that workplace-related technical measures can be taken first. These include, for example, additional radiant heaters, infrared lamps or heating mats that can be placed next to the workstations. This can often be more cost-effective in terms of energy than turning up the heating system for the entire building. If this is still not enough, the employer must take suitable organisational measures to ensure that employees can at least warm up temporarily, for example by taking warm-up breaks in a heated room. Another option is to take personal measures, such as providing suitable warm clothing.
What to do if the heating fails?
In the event of a heating failure, employers must take measures to protect employees from health hazards such as hypothermia or colds. This can include: providing and setting up radiant heaters, distributing warm jackets or blankets and offering warm drinks. If it is still too cold despite these measures, employers can recommend that office workers work from home, for example. However, this is usually not an option for employees who work in warehouses or workshops.
Can employers set company holidays?
In the event of unbearable temperatures, employers have the option of ordering shorter working hours, for example to reduce overtime. An alternative option could be to impose company holidays for a few days.
Working outdoors: At what temperature is it too cold?
Employers are obliged to protect employees who work outdoors from the cold. According to the Workplace Ordinance, such workplaces must be designed in such a way that employees can reach, use and leave them safely and without health risks in all weathers. This also includes protection against the effects of the weather and the provision of suitable personal protective equipment, such as weatherproof clothing or thermal clothing. However, employees in such clothing tend to sweat quickly. Employees should therefore be given the opportunity to dry their clothes and warm up during their breaks instead of spending their breaks outside. The relevant employers' liability insurance association can provide assistance with this. Companies in the roofing trade also have the option of applying for a compensation allowance, which is financed by an industry-wide levy, if it is no longer possible to work outside due to cold and frost.
What can employees do if the employer does not take any measures?
In any case, work cannot simply be stopped when it gets too cold. Employees must therefore hope that their employer will take notice or take legal action. If the company has a works council, employees can also contact it.