Heat legislation

fenomenos-meteorologicos-adversosLace conditions of workplaces are regulated for the Royal Decree 486/1997, of 14 April, through which minimum health and safety provisions are established in the workplaces.

In its Annexe III establishes that the exhibition to environmental conditions of the workplaces should not suppose a risk for the security and the workers’ health and brand an interval of temperatures in which owes be the workplace, according to the activity that is made. In venues of closedwork, for sedentary works specific to branch the temperature owes be between 17ºC and 27ºC and for light works the temperature owes be between 14ºC and 25ºC.

The ROYAL DECREE-LAW 8/2024, that it adopts urgent measures in response to the DANA, modifies the Workers' statute to establish that “via the collective bargaining action protocols will be negotiated that collect prevention measures of risks specifically referring to the activity when dealing with catastrophes and other adverse weather phenomenona”. Which is why is of expecting that they leave producing changes in the collective agreements and they appear published protocols specific because of sectors, such as, that one of the construction and hospitality industry.

Furthermore, the Labour inspectorate (ITSS) every summer implements its “Plan Summer” to protect the hard-working people when dealing with high temperatures, following the activities established in its Guide on meteorological effects extremes

Works outdoors

Recently the Royal Decree 486/1997 has been modifying for the Royal Decree-Law 4/2023, with urgent measures in response to the drought and climatic conditions that establishes prevention measures of occupational risks in episodes of high temperatures, incorporando specifications for workplaces outdoors and in venues of work that they can not be closed.

In its Final provision article 1 it suppresses the section 5 of the annex III of the Royal Decree 486/1997 and it introduces the only "Additional condition Environmental conditions outdoors ", that it establishes that:

  • it is owed to carry out the work risk assessment, that it owe consider in addition to the temperature, characteristics of the task and the personalcharacteristics.
  • preventive measures that are derived can include the ban of carrying out some tasks in the hours of more heat. 
  • when the Government Agency of Meteorology (AEMET) or Autonomous Communities issue orange level notifications or red and preventive measures are not enough, it will be compulsory to adapt conditions of the PT reducing or modifying the schedule.

This broad additional condition its application to all workplaces, included construction, transportation, agriculture, etc.