In accordance with the Occupational Health and Safety Act, employers must ensure that workplaces are designed in such a way that employees' health is not jeopardised, including with regard to low temperatures. The minimum temperatures for various work areas are set out in the Workplace Ordinance and the Technical Rules for Workplaces. These depend on the type of work, with a distinction being made between light, medium and heavy loads. However, employees are not entitled to a subjectively comfortable temperature, although constant shivering can impair performance.
An office temperature of 19 degrees Celsius is no longer sufficient; it must be at least 20 degrees Celsius. Special regulations apply to break rooms, toilets, showers and first aid rooms, where certain minimum temperatures must be maintained. Employers must take appropriate measures to ensure the minimum temperatures, such as additional radiant heaters or organisational measures such as warm-up breaks.
In the event of a heating failure, protective measures must be taken and employees can work from home in extreme cases. Employers have the option of imposing company holidays if temperatures become unbearable.
Special protective measures apply to outdoor work and companies can apply for compensation if outdoor work becomes impossible due to cold and frost.
If the employer does not take appropriate measures, employees can contact the works council or take legal action.