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Summer is a time for rest, often in high temperatures. No holiday lasts forever, however, and during hot weather employers must provide certain facilities required by law. What are they, and when must they be provided? Read on.
Meals and drinks in high temperatures and other “particularly arduous” conditions
Under Article 232 of the Labour Code: “The employer must provide employees working in particularly arduous conditions with appropriate meals and drinks free of charge where necessary for preventive reasons. The Council of Ministers shall determine, by regulation, the types of meals and drinks, the requirements they must meet and the circumstances and conditions for their provision”.
This provision requires employers to provide free meals and drinks, but only for employees working in “particularly arduous conditions”. Although the legislature has not defined this term, it can be determined from the Council of Ministers' Regulation of 28 May 1996 on preventive meals and drinks, to which the provision itself refers.
Regarding the requirement to provide a hot meal, the regulation identifies five types of work:
- Work involving physical exertion causing an effective energy expenditure exceeding 2,000 kcal for men and 1,100 kcal for women during a working shift;
- Work involving physical exertion causing an effective energy expenditure exceeding 1,500 kcal for men and 1,000 kcal for women per shift, performed indoors where technological reasons mean a constant temperature below 10°C or a wet-bulb globe temperature (WBGT) index above 25°C;
- Work involving physical exertion causing an effective energy expenditure exceeding 1,500 kcal for men and 1,000 kcal for women per shift, performed outdoors between 1 November and 31 March;
- Work performed underground;
- Work removing the effects of natural disasters and other unforeseen events.
Regarding the requirement to provide drinks, the regulation covers work:
- In a hot microclimate with a WBGT index above 25°C;
- In a cold microclimate with a wind chill index (WCI) above 1,000;
- Outdoors at an ambient temperature below 10°C or above 25°C;
- Involving physical exertion causing an effective energy expenditure exceeding 1,500 kcal for men and 1,000 kcal for women per shift;
- At workstations where the temperature caused by weather conditions exceeds 28°C.
Drinks must be available throughout the shift, in quantities meeting employees' needs. They should also be appropriately cold or hot, depending on the working conditions.
Meals should be provided during scheduled work breaks.
The rules expressly prohibit replacing meals and drinks with a cash equivalent. Doing so, like refusing to provide meals or drinks where required, may expose the employer to a severe fine of up to PLN 30,000.
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Must employers provide air conditioning in hot weather? What about shorter working hours?
Air conditioners, ventilators and fans are now commonplace at work. However, employers are not required to buy these devices.
The same applies to shorter working hours, sometimes offered at workplaces on hot days. This convenience also depends solely on the employer's goodwill.
Despite this, employers must ensure safe and hygienic working conditions. The law does not specify a maximum temperature at which work may be performed. An exception applies to young workers: the temperature in their workplace must not exceed 30°C where relative humidity exceeds 65%.
High temperatures and employers' obligations: summary
During hot weather, employers must provide drinks. This applies when temperatures exceed 25°C for outdoor workers or 28°C for indoor work.
Certain circumstances may also require providing meals. Here, the rules identify specific situations involving physical work, underground work or removal of the effects of natural disasters and other unforeseen events.
Despite the heat, employers are not obliged to install air conditioners or shorten working hours. Such conveniences depend solely on their goodwill.
Nevertheless, every employer must ensure safe and hygienic working conditions, requiring ongoing monitoring of the workplace and responses to any dangerous conditions.
Regarding high temperatures, remember that young workers must not work in rooms where air temperature exceeds 30°C and relative humidity exceeds 65%.
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