Can I take time off work during a heatwave? What the law says and whether your company would have to pay for air conditioning

First heatwave in USA of the summer where temperatures will easily reach 40 degrees in a large part of the country. In addition, the minimum temperatures will not help us to rest at night either. Faced with this heat, many workers are wondering to what extent there is a health risk. We all think of construction workers in a building in the sun at two in the afternoon or cleaning staff on the streets.

The law is clear and regulates the environment and the maximum temperature in which you can or cannot work. All This will depend on whether or not there is an official high temperature alert declared by AEMET.. And to make sure you don’t miss a thing, the Weather app on your iPhone can automatically alert you of extreme weather conditions.

What the law says about working in extreme heat

Last year there was nearly 200 work accidents compared to the heatwave, an increase of 27%. Following this situation, a law was approved to avoid very dangerous situations for workers during the hottest times of the day. Which workers and positions does this affect?

Let’s start with workers in offices, supermarkets, shops, warehouses… In general, any refrigerated indoor workplace. There is a little variation in sedentary office jobs (between 17º and 27º) and active jobs like a store (between 14º and 25º). As soon as the temperature increases or decreases, the company must act. The most common is heating or air conditioning.

Then we come to the jobs where he is located impossible to have controlled air conditioning. Waiters on the street, construction workers, cleaning staff. In this case, the law requires the company to “take appropriate measures for the protection of workers.” These measures can be sun protection, hats, a special uniform… and in very extreme cases, change the work schedule.

When can I stop going to work because of the heat?

The royal decree-law establishes that Work is prohibited in cases where adequate protection cannot be guaranteed. of the worker in the event of a red or orange alert, decreed by the State Meteorological Agency. The red or orange alert depends on a variation of factors between temperature, humidity and the province.

So can we leave our workplace if it’s hot? Even if a priori the answer would be yes as long as it’s outdoor work and there’s an alert in case of high temperatures, in practice it’s different. There are a few cases that ended up in the hands of justice and since this is a “highly subjective” standard, the worker has suffered harm.

The unions’ opinion is Discuss with the company or direct manager to take action (which the law requires to take them) to protect its integrity. In case of refusal, you will be able to be absent from work with justification and you will be able to file a complaint with the Labor Inspectorate.

If I work from home, do they have to pay for my air conditioning?

In the case of teleworkingin theory, the company should also provide measures to protect against heat. However, the teleworking law does not specifically include this. Being indoors, the temperature should not exceed 27 degrees. However, the per se rule applies only to offices and he does not consider our homes to be an extension of the office. So, except in very specific cases and according to the collective agreement, they do not have to pay you for the air conditioning of your home.

Yes, the company must provide you with everything you need for a safe working environment such as an ergonomic chair or other items such as office supplies. There is also talk of facilitating internet connection or offsetting electricity costs provided that at least 30% of the hours are worked from home. On Lair conditioning is not specifically addressed but they would be included in the “plus” teleworking which should appear in the payroll if applicable.

How to know if there is an orange or red alert for high temperatures with iPhone

The iPhone and its Weather app have a integration with the State Meteorological Agency. So you can use this to know if there is an orange or red alert in case of high temperature. To check it, you just need to enter Weather and click on the bad weather alert. If you click on “view alert source” you will see a map with the colors.

You can also set up automatic alerts to receive notifications of extreme weather conditions (heat, storms, hail, etc.). To do this, you must:

• Access the application Time and go to the menu where all the cities appear
• Then click on the three points …which appear at the top right
• Go in notice and activate them by current location or favorites

This way you will be aware of extreme weather conditions, in this case a heat wave. This way you can talk, if necessary, with your boss or employer to see what measures to take against high temperatures. If, on the other hand, you work in an office, specify that you can ask them to turn on the air conditioning to keep the temperature below 27 degrees or 25 degrees if it is active indoor work.

Cover image | Unsplash

In Applesfera | After fifteen years of teleworking, here’s what I’ve learned by making the most of the user-friendliness of my Apple devices

In Applesfera | The first heatwave of the summer is about to start strong: how to see the maximum temperature map from your iPhone