Health and safety obligations for heatwave-impacted construction sites

With a new temperature record of 37.7°C set in Norfolk last month, and reports of further heatwaves likely this summer, construction workers are feeling the heat.

And this may well be the new normal, with the Met Office reporting that the top ten warmest years for the UK since 1884 have all occurred since 2002, and with UK climate predictions suggesting that by end of the 21^st Century the UK is projected to be warmer, with hotter and drier summers likely to become more common.

Risks to workers

For the construction industry, the risks to workers on site is very real, as are the obligations on their employers to protect them.

Extreme heat requires employers to plan and support their employees. The Health and Safety Executive (HSE) advises that employers should discuss with workers the impact that heat can have on their working conditions.

John Rowe, Deputy Director for Technical Support and Engagement for the HSE, recently said "last summer should have been a wake-up call for all employers. If we continue to experience hotter summers this could have a big impact on the workforce of this country, affecting everything from health of workers to productivity on construction sites".

Workers and the law

Section 2(1) of the Health and Safety at Work etc Act 1974 (HSWA) imposes a non-delegable duty on employers to ensure, so far as is reasonably practicable, the health, safety and welfare of their employees.

A similar duty is owed by employers under Section 3(1) HSWA in respect of non-employees, such as contractors.

There is also a legal obligation under the Management of Health and Safety at Work Regulations 1999 for all employers to make a suitable assessment of the risks to the health and safety of their workers and take action where necessary to minimise those risks as far as reasonably practicable. The HSE has made it clear that this would include the risk from extreme weather events, such as heatwaves.

Whilst there is no legal maximum temperature for work places, it should be remembered that heat is classed as a hazard and should be treated like other hazards.

Guidance available

The HSE has prepared relevant guidance on temperature, which includes information on temperature in the workplace, workplace temperature checklist and thermal comfort. 

It has also produced INDG147 "Keep your Top On" to assist dutyholders in controlling the risk associated with working in hot weather.

Practical steps

Practical steps which may minimise the risk associated with working in heat could include (where possible):

• Shading workers from the sun while working and during rest breaks
• Reassessing the frequency of scheduled breaks, rotating staff, and rescheduling work to cooler times of the day
• Rescheduling the order of works or postponing tasks where workers would be unduly exposed
• Considering the impact of PPE on the risks of heat stress, checking whether there are more breathable or lightweight PPE alternatives, and encouraging workers to remove PPE when resting to cool off provided it is safe to do so
• Providing free access to drinking water and high-SPF sunblock
• Running toolbox talks before the heatwave hits to make sure that workers understand the dangers of heat stress and sun exposure - as well as how to spot the early warning signs in themselves and in colleagues, and what to do in those circumstances
• Providing fans, air-conditioning and ventilation in site facilities
• Managing acclimatisation and vulnerability, including paying close attention to any individuals with higher risk profiles, and allowing new or returning workers to adjust more gradually to heat.

However, what employers can do in practice will depend on a number of variables, including the nature of their workforce, the works, and the site.

While there will be commercial challenges and imperatives, such as cost and the desire to keep projects running on time, failure to meet your obligations in relation to worker safety could mean an increased risk of accidents, incidents or near misses, increased sickness absence or lower productivity and potential enforcement action from HSE, or other regulatory bodies.

Womble Bond Dickinson has both a Regulatory Team and Construction & Engineering Team in offices across the UK.