Business & compliance advice

Cold-snap commitments: What does the law say? Cold weather comments

2nd December 2024

Once again, temperatures have plummeted to the single digits across the UK as Arctic winds bring the winter chill, Scotland and the NE of England are experiencing snow and freezing winds. Statistically, January and February are the coldest months of the year, with an average temperature of 5-6 degrees1.

Employees working outdoors in cold weather often experience harsh working conditions including snow, ice and freezing temperatures. While there are no government stipulations regarding minimum safe temperatures for working outdoors, it does remind employers that they have a duty of care to provide employees with safe working conditions2.

Nick Higginson, CEO at Phoenix Health and Safety explains the risks of working in cold weather: “Working in cold temperatures can lead to lower work efficiency and higher accident rates as employees experience reduced concentration and increased tiredness due to the climate.

“Extreme cold can affect the performance of complex mental and manual tasks due to reduced sensitivity and dexterity caused by the cold.

“Government guidance suggests that in temperatures below 13°C, employers should ensure that there are control measures in place to mitigate the potentially harmful effects of working in the cold. It’s not just major injuries that can affect the workplace; 27% of workplace illnesses come from common colds and the flu. Employers should care for their employees' wellbeing, both from a moral and a monetary standpoint, with 38.8 million days lost due to workplace sickness in 20203.”

Keeping your staff safe

Nick advises these four simple steps to ensure your staff are well looked after in cold weather:

Regular Breaks

Regular breaks taken in a heated building with access to warm food and drinks is a simple and effective method of ensuring better recovery and efficiency.

Nick says: “As temperatures drop, it becomes much more calorie expensive to stay warm. Ensure that your staff feel comfortable taking regular breaks in a sheltered environment to help them refuel and reheat. Any time lost due to the increase in break time will be repaid in higher staff motivation, energy levels and concentration.”

Identify and educate vulnerable staff

As the weather cools, employers should take the necessary steps to identify and care for vulnerable staff.

Nick adds: “Staff sickness costs the UK economy a total of £77 billion each year4. Ensuring employees' wellbeing can save a business substantial amounts. Identify any employees particularly susceptible to the cold to ensure that they are correctly cared for as the cold spell hits.”

PPE (Personal Protective Equipment)

If employees are likely to be exposed to extreme cold, employers should ensure that the correct PPE is provided by the employer and worn by staff.

Nick says: “While PPE should be seen as a last resort in protecting workers from the effects of cold weather, warm clothing can help stave off the extremes of lower temperatures. Workplace regulated clothing is one way to ensure that staff remain at a reasonable temperature. Ensure that breathable clothing is worn, as sweat can cool rapidly, leading to a further reduction in temperature.”

Education:

It is essential that employers educate staff of the risks associated with cold weather working and provide detailed information on the steps that can be taken to reduce the effects of the cold weather.

Nick adds: “Simply explaining the risks of cold weather working isn’t enough, employers should ensure that staff are educated on cold weather working and feel comfortable taking breaks or speaking up if concerns arise.”

Working indoors during cold weather

While there is no specific legislation on what temperature is too hot or cold in the workplace, the Workplace Regulations Act states that working conditions should be kept at a ‘reasonable’ temperature.

Nick says: “Indoor temperatures should be heated to at least 16 degrees or 13 degrees if employees are doing physical work. As businesses legally have to provide running water to employees, if the workplace temperature gets cold enough to freeze the plumbing, then you may be within your rights to ask to go home5.”