Outdoor work and heat waves
High temperatures during the summer months are a common part of the climate in many regions of Spain. However, in recent years, the intensity and duration of hot spells have led to a greater attention to its effects on health and safety at work, especially in activities that take place outdoors.
Traditionally, heat has been an undervalued factor in occupational risk assessments, but today there is a growing awareness of the need for adequately protect workers exposed to extreme temperaturesLabor legislation has evolved along these lines, incorporating specific obligations for companies and recognizing specific rights for workers in situations of high thermal risk.
This article provides a detailed overview of the current regulations applicable to outdoor work during episodes of intense heat, especially in scenarios of orange or red alert, as well as the business responsibilities, the labor rights and the good practices which can contribute to preserving the health and integrity of workers during the summer season.
The dangers of heat waves at work
To put this into context, according to data from the State Meteorological Agency (AEMET), Spain recorded one of the hottest summers in history in 2023, with up to three heat waves which reached temperatures exceeding 44°C in some areas. Climate projections indicate that these events will become increasingly frequent, prolonged, and intense.
This phenomenon has direct consequences on the occupational healthThe National Institute for Occupational Safety and Health (INSST) warns about the increase in occupational illnesses resulting from heat exposure, such as heat exhaustion, dehydration, exhaustion, loss of concentration, workplace accidents, and even deaths.
Who is at risk?
Heat exposure affects everyone, but it does not affect all workers equally, as there are personal and/or functional factors that make the following profiles more vulnerable:
- Workers who provide services in outdoor sectors: construction, agriculture, cleaning, security, logistics, maintenance.
- People over 55 years old.
- Workers with chronic or cardiovascular diseases.
- Employees who perform intense physical effort or the use of non-breathable PPE.
- Temporary workers, with less training or less adaptation to the thermal environment.
Applicable regulatory framework
– Occupational Risk Prevention Law (LPRL)
The Law 31/1995, on the Prevention of Occupational Risks, remains the fundamental axis. Its principles also apply to the risk of extreme heat:
- Art. 14: The worker's right to effective protection.
- Art. 15: Principles of preventive action (evaluation, adaptation of work to the person, collective rather than individual measures).
- Art. 21: : The worker's right to interrupt his activity if he considers that there is a serious and imminent risk.
– Royal Decree 486/1997: Minimum conditions for workplaces
This Royal Decree establishes that workplaces must maintain adequate thermal conditions. As we have seen previously, little attention was paid to the heat factor in outdoor work, initially intended for closed environments. However, following the 2023 reform, its scope has been expanded, recognizing it as a real risk requiring action.
– Royal Decree-Law 4/2023, of May 11
This text, approved as a matter of urgency, modified RD 486/1997 to specifically include the obligation to protect workers from adverse weather conditions. The regulation establishes:
“When outdoor work is carried out and adverse weather conditions, such as extreme temperatures, exist that could endanger the safety or health of workers, appropriate measures must be adopted, including prohibiting certain tasks during the hours of the day when such conditions prevail.”
These measures They must be adopted when the AEMET or competent bodies issue an orange or red alert for extreme weather phenomena.
– Climate permits of the Workers' Statute
In the 2024 reform, the possibility of workers being eligible for a new pension was introduced into the Workers' Statute. paid leave of up to four days in the event of extreme weather events, provided that a health risk is proven.
Obligations of the company
The company, in compliance with its duty to guarantee of occupational health, has a series of duties in these situations:
- Heat risk assessment
- Include the heat stress in the assessment of occupational risks.
- Use validated methodologies.
- Take into account variables such as physical activity, work clothes, hydration and acclimatization.
- Mandatory preventive measures
If one is activated orange or red alert, the company must:
- Adjust your schedule to avoid the hottest hours (usually between 12:00 and 18:00).
- Take frequent breaks in shaded areas or air-conditioned places.
- Ensure constant access to fresh drinking water.
- Provide suitable, light and breathable clothing.
- Temporarily suspend the activity if safety cannot be guaranteed.
Failure to comply with these obligations could constitute a serious or very serious violation according to the Law on Violations and Sanctions in the Social Order (LISOS), with sanctions of up to 983.736 € in the most extreme cases.
- Training and information
The company must inform and train its staff to be aware of the measures to be applied and when they should be applied for their protection regarding:
- Symptoms of heat stroke.
- Protective measures.
- Protocols for action in the event of thermal emergencies.
Recommendations for HR professionals
✔ Evaluate and review prevention plans every summer season.
✔ Maintain daily surveillance by AEMET or the local meteorological authority and implement alert systems for immediate monitoring and communication.
✔ Prepare a specific action protocol for heat waves with actions such as:
- Flexible schedules.
- Preventive planning for certain physical tasks.
- Designate rotating equipment to distribute the physical and thermal load.
✔ Strengthen training and a culture of prevention so that both middle managers and employees can recognize symptoms and act independently, following established protocols.
✔ Document everything: actions, evaluations, temperature records, breaks, and measures taken.
In conclusion, heat waves, and especially orange and red alert levels, pose a foreseeable, recurring, and avoidable occupational risk if action is taken diligently, following the regulations that govern them and the protocols that companies are required to adopt.
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