Very low or even negative temperatures outside… The cold can impact the quality of work and increase the risk of accidents. Who can exercise their right of withdrawal? When ? At what minimum temperature? What does the Labor Code say?
The cold has repercussions on the quality of work (increased fatigue, lack of concentration, etc.) and can directly or indirectly cause accidents (slips, loss of dexterity, hypothermia, etc.). So if it’s too cold, the employer has measures to followprovided for in the Labor Code. Particularly for employees working outdoors (construction, transport, agricultural work, etc.), in a cold room or in special conditions (at altitude, under water). And in an office? Is it dangerous to work in the cold ? What is the minimum temperature to refuse to work and exercise his right of withdrawal ?
Can we exercise our right of withdrawal if it is too cold?
Yes and no. No, because the Labor Code does not set a minimum temperature under which an employee could exercise his right of withdrawal. In other words, for classic indoor work (office for example), it is not possible to refuse work, even if it is less than 18°C. However, in very cold weather, when the ambient temperature is below 5°Cthe employer is required to take the necessary measures to ensure the safety and protect the physical and mental health of workers (under Article L. 4121-1 of the Labor Code). In detail, he must take into account the risks related to the cold and take, after the opinion of occupational medicine and the CSE, all the necessary measures to ensure the protection of his workers against the cold and bad weather (art. R. 4223-15) such as for example limit the time of exposure to the cold, modify the pace of work, arrange breaks in heated premises. If the employer does not comply with these provisions, the employee can alert the labor inspectorate, the CSE or the trade union representative who will check that the employer meets his obligations. or request a visit from the occupational physician. Also, the employee can if he considers that he is in a situation that presents a serious and imminent danger for his life or health, immediately alert the employer and cease its activity (article L. 4131-1) and the employer cannot ask him to resume his activity as long as this danger persists.
At what temperature is it considered cold in an office?
According to Labor Code (Article R4223-13), “closed premises assigned to work are heated during the cold season. The heating operates in such a way as to maintain a suitable temperature and not to give rise to any deleterious fumes“. However, the concept of “suitable temperature” is not defined by the Labor Code. The National Research and Safety Institute for the Prevention of Occupational Accidents and Diseases (INRS) indicates that “an environment is considered cold for an air temperature below 18°Ctemperature at which heat loss occurs“. But this is an indication for the employer and not a mandatory temperature to be observed. Since March 2006, standard NF X35-203/ISO 7730 relating to thermal comfort specifies the recommended temperatures to work in good conditions and recommends temperature scales to be respected:
- In offices at 20 to 22°C
- In workshops with low physical activity at 16 to 18°C
- In workshops with high physical activity at 14 to 16°C
In other words, for his employees to work in a comfortable environment, the employer can decide to respect the thermal ranges recommended by the INRS or the ISO standards but he doesn’t have to. A working in a cold environment (16°C in an office for example) does not allow you to leave your post or cease your activity.
What are the risks of working when it is cold?
Direct exposure to cold mainly causes:
- of the frostbite (cold burns) more or less important depending on the sensitivity of the person and his level of exposure to cold
- of the drowsiness
- of the cramps
- of the’hypothermia (drop in body temperature to less than 35°C), easily recognized by the appearance of chills, fatigue, confusion or loss of consciousness. In extreme situations, hypothermia can lead to coma and even death.
- decreased blood supply to the fingers (called Raynaud’s syndrome) characterized by pallor of the fingers
- pain of varying intensity
- of the musculoskeletal problems (TMS) caused by a lack of sufficient rest, extreme postures, repetitive movements.
Prevention: what can the employer do when it is very cold?
According to the INRS, suitable prevention measures can reduce the number of accidents and disorders related to working in the cold, such as:
► Avoid or limit working time and exposure to cold.
► Organize working time differently: change work rhythms due to weather conditions (extreme cold, snow, ice, rain, wind) or schedule task rotations
► Provide suitable work equipment
► Develop break rooms heated (with hot drinks…)
► Inform and train employees on the risks associated with working in cold temperatures,
► Make available personal protective equipment against the cold (gloves, insulating jackets, polar…);
Sources: Cold and Occupational Health Sheet, Ministry of Labour, Full Employment and Integration / Cold work, INRS, Occupational Health and Safety / Labor Code, Légifrance