2023-07-21 06:48:07
While the country is facing record temperatures, rebellious deputies and environmentalists want to strengthen the protection of workers in the face of high heat. This week, a bill has just been tabled by the group La France insoumise (LFI), a few days after Europe Écologie-Les Verts (EELV) suggested introducing a ” right of withdrawal “ from 33 degrees in the labor code.
The objective is to “further protect workers who are at risk from the consequences of climate change”, explains the rebellious MP Caroline Fiat, who also considers it necessary to strengthen “the culture of prevention” et ” awareness “ good practices, such as hydrating regularly.
Breaks every two hours
In detail, the bill provides for the inclusion in the labor code of an authorization to interrupt “temporarily” its activity in a department placed in red vigilance by Météo France and to limit working time to six hours in the event of orange vigilance. The right of labor inspectors to interrupt construction sites would be maintained in the event of “atmospheric conditions” presenting risks, as does the automatic recovery of hours not worked.
Construction workers would be systematically compensated under unemployment insurance in the event of bad weather “including excessively high or insufficient temperatures, and flooding”. Finally, a ten-minute break would be guaranteed every two hours from 28 degrees outside, and from 30 degrees inside; and a twenty-minute break, if the temperature exceeds 33°C, regardless of the location. The whole, “without loss of salary” for workers.
Safety, health: The obligations of employers
Currently, the labor code indicates that the employer must “take the necessary measures to ensure the safety and protect the physical and mental health of workers”. For example, they must have easy access to water points, the premises must be ventilated and the temperature regularly monitored – it is recommended to evacuate them above 34 degrees.
Outside, employees must have access to at least three liters of water per day, have suitable equipment and a place to take shelter.
A right of withdrawal
Finally, it is possible to exercise a right of withdrawal, if one considers that one’s health, or even one’s life, is in danger, as specified article L4131-1 of the labor code. But for that, you have to prove that nothing has been put in place to cool down.
For the rest, the government issues recommendations : during a heat wave, the employer must “take precautions to reorganize working time”, and favor teleworking, when possible. Employers must also “inform all employees of the risks, means of prevention and signs and symptoms of heat stroke”.
Risks from 28 degrees
Last summer, seven fatal work accidents possibly related to heat were reported by the General Labor Directorate, according to Public health France. They occurred mainly outside, including 3 in the construction sector.
According to the National Research and Safety Institute for the Prevention of Workplace Accidents and Occupational Diseases (INRS), the risks appear from 28 degrees for physical activities, and above 30 degrees in offices. Medical indicators “which must be assessed on a case-by-case basis, depending on the physical condition of each person. The employer should not wait for 28 degrees to assess the risks associated with working in high heat and develop a prevention action plan »says Jennifer Shettle, head of the legal information center at INRS.
“French labor law lays down major general principles, leaving companies room for maneuver to adapt”, continues Jennifer Shettle. Conversely, other European countries have set maximum temperature thresholds, beyond which the most exposed workers are no longer required to work. In Belgium, for the most physical positions, the limit is set at 22°C. Further east, this threshold is 27°C in Hungary. The European Trade Union Confederation is also calling for a law on the subject, at the level of the whole of the European Union.
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