What are the Working Temperature Regulations in Australia?

Australia is a land of extreme weather conditions, from scorching summer heatwaves to freezing alpine winters. That’s why many people find it surprising to learn that there are no prescribed legal maximum or minimum temperatures at which work must stop in most Australian workplaces.

Instead, as part of your general duty of care as an employer or business owner under workplace health and safety laws, it’s your responsibility, so far as is reasonably practicable, to identify and manage the risks associated with working in hot, cold or otherwise extreme weather conditions to provide a safe work environment for your workers and employees.

What is a reasonable working temperature?

A reasonable temperature isn’t defined by a number on a thermometer. Other environmental factors are taken into consideration such as:

• Humidity.
• Air flow.
• The level of physical intensity and duration of the work.
• Physical fitness of the employee and if they are used to working in various weather conditions.

There are many challenging work environments affected by the weather, including mining and construction sites, landscaping, fabrication and manufacturing facilities, and automotive workshops.

To help create a safer and more comfortable work environment, you can provide access to shade or shelter for workers and employees undertaking work outside and ensure breakrooms and lunchrooms are appropriately heated or cooled.

Health and safety in extreme heat

Extreme heat can cause serious health problems, including heat exhaustion, heat cramps, and heatstroke, which can be life-threatening. Training workers and employees to recognise the warning signs and take immediate action is a critical step in reducing the risk of heat-related illness.

Additionally, workers and employees with pre-existing health conditions, like heart disease, respiratory disease, and diabetes are more vulnerable to the effects of extreme heat.

High temperatures, especially for prolonged periods can also impair physical and cognitive performance. This can impact your business through reduced productivity and higher operational costs due to increased absenteeism and presenteeism.

Extreme heat can also affect sleep quality, leading to fatigue and reduced alertness at work. This may increase the risk of workplace incidents or injuries, potentially resulting in a rise in workers’ compensation claims.

Staying safe in hot weather

Providing free access to cool drinking water, shaded rest areas, and increasing the number of breaks during the hottest part of the day allows workers and employees to step out of the relentless heat, stay hydrated, cool down, and recover from heat exposure.

Workers and employees should also have appropriate personal protective equipment (PPE) and protective clothing, such as long sleeve shirts, eye protection in the form of UV certified sunglasses, wide brimmed hats and access to broad-spectrum, high-SPF sunscreen. Where reasonably practicable, consider rescheduling certain tasks involving strenuous manual labour to cooler times of the day, such as early mornings or late afternoons,.

Working and staying safe in cold weather

Cold weather can also present safety challenges. Icy conditions can create slip and trip hazards, while low, freezing temperatures combined with high windchill factor can potentially lead to hypothermia. In extreme cold conditions, there can be instances of frostbite, which is a very serious medical emergency that requires prompt treatment.

It is important you have appropriate procedures in place to ensure your workers and employees are not at risk as the mercury falls. These may include:

• Rescheduling shifts for outdoor work to warmer times of the day.
• Providing suitable protective equipment and clothing, gloves, hats, and appropriate footwear.
• Ensuring workers and employees have access to hot beverages and facilities to heat food.
• Providing a breakroom or rest area with heating where workers and employees can warm up.
• Providing regular breaks for workers and employees working outside to escape the cold.
• Regularly checking in with workers and employees working outdoors.
  

There are many industries where workers and employees need to work through the colder months, including electrical line maintenance workers, builders and road construction crews, ski field workers and lift operators.

Emergency plans

An emergency plan is a document that outlines the steps you take to protect workers and employees from an emergency, including instructions for workers and others at the workplace. You should consult with your workers and employees when developing the plan to get their insights into the hazards they face and the effectiveness of controls.

In the context of extreme weather hazards, the plan should identify the risks associated with extreme weather conditions and outline the procedures for monitoring and responding to workers and employees showing signs of heat- or cold-related illness. It should also be reviewed on a regular basis and updated as needed.

Can an employee or worker refuse to work if they feel the temperature is unsafe?

Under workplace health and safety legislation, you have a responsibility as an employer or business owner to do everything reasonably practicable to protect the health and safety of your workers and employees when working in hot or cold conditions.

If an employee or worker has reasonable concerns about working in current weather conditions, such as extreme heat or cold, high winds or during an electrical storm, they should raise those concerns with their manager or a Health and Safety Representative (HSR) if you have one on site. If an employee or worker believes there is an imminent risk to their health or safety and their concern hasn’t been adequately addressed, they have the right to cease working until the risk is managed, without fear of discrimination or reprisal.

The weather can be unpredictable, from bright sunshine to torrential rain and damaging winds very quickly. Having robust plans and control measures in place enables you to keep your workers and employees safe, regardless of the conditions.

For specialist advice 24/7 on your health and safety obligations, speak with the health and safety advice team at Peninsula today.

This article is for general information purposes only and does not constitute as business or legal advice and should not be relied upon as such. It does not take into consideration your specific business, industry or circumstances. You should seek legal or other professional advice regarding matters as they relate to you or your business. To the maximum extent permitted by law, Peninsula Group disclaim all liability for any errors or omissions contained in this information or any failure to update or correct this information. It is your responsibility to assess and verify the accuracy, completeness, and reliability of the information in this article.