The prohibition to work outdoors in cases of extreme heat. Once the Royal Decree-Law 4/2023 is published, it establishes the prohibition to develop certain tasks outdoors, when there are cases of very high temperatures.
But also, it requires the adaptation of working conditions and the reduction or modification of the hours of development of the planned working day.
In order to know when this protocol must be applied, the warning level of the State Meteorological Agency (AEMET) must be taken into account. This agency has determined, depending on the meteorological event, three types of warning: yellow, orange and red. In the case of heat warnings, it establishes thresholds by Autonomous Community and by region. And that would be applied in the case of orange or red warnings.
Prohibition to work outdoors in extreme heat
It reinforces the legislation on occupational risk prevention in the face of the extreme temperatures of recent years. This regulation foresees the prohibition to carry out certain tasks during the period of higher temperatures. As well as the adaptation of working conditions and the reduction or modification of the hours of the scheduled working day when the State Meteorological Agency (AEMET) issues a warning of orange or red level phenomena.
These forecasts will affect all workplaces.
Specifically, it establishes that when work is carried out outdoors and in workplaces that, due to the activity carried out, cannot be closed:
Firstly, adequate measures shall be taken to protect workers against any risk related to adverse weather phenomena, including extreme temperatures.
In addition, the measures shall be derived from the occupational risk assessment. This will take into consideration, in addition to the aforementioned phenomena, the characteristics of the task to be performed. And very importantly, the personal characteristics or the known biological state of the worker.
Without forgetting that, when the due protection of the worker cannot be guaranteed in any other way, the preventive measures will include the prohibition to develop certain tasks during the hours of the day in which adverse meteorological phenomena occur.
Finally, when the AEMET, or in its case the corresponding regional body, issues a warning of adverse meteorological phenomena of orange or red level. And the previous preventive measures do not guarantee the protection of the worker. It will be mandatory to adapt the working conditions, including the reduction or modification of the hours of the scheduled working day.
