The heat wave is now affecting almost the entire country and the situation is further intensifying with the transition to red surveillance, on Monday afternoon, of the Rhône, Drôme, Ardèche and Haute-Loire departments.
For employees, especially those who work outdoors or in overheated premises (one thinks of bakers, cooks, etc.), the situation becomes complicated and even dangerous for health.
Heat wave or not, employers have an obligation to guarantee the health and safety of their employees. In case of heat, “necessary measures” are required: information/prevention, vigilance, work organization and adequate means.
For example, if the company is not required to install an air conditioning system, it must provide means of protection and/or cooling such as fans, nebulizers, humidifiers. Or provide water for employees on the outside.
Several options
But what if your employer doesn’t do anything to protect you, if they don’t meet their protection obligations in extreme heat? Several options are open to employees or staff representatives:
- negotiation,
- the right of withdrawal,
- and referral to the Labor Inspectorate.
If the negotiation fails and the employee has “reasonable cause” to feel unsafe due to extreme heat, the right of withdrawal it can be exercised.
According to the National Institute of Investigation and Safety for the Prevention of Work Accidents and Occupational Diseases (INRS), working at high temperatures is dangerous above 33°.
This withdrawal cannot be refused. If the employer considers it abusive, he will have to go to the Social Court. In addition, the remuneration is maintained during the period of the right of withdrawal and no sanction can be taken against the employee in question (article L4131-3 of the Labor Code).
Beware of penalties
On the contrary, if the company complies with its obligations of protection and appropriate means and applies the governmental recommendations, the worker does not have a priori a reasonable reason to exercise his right of withdrawal, subject to the judgment of the courts in case of dispute. .
In addition, “in the event of non-compliance by the employer with its security obligation in relation to weather conditions, take into account that the worker can: go to the labor inspection services or, depending on the size of the company, to the social and economic (CSE) or the representative of the personnel”, specifies the Government.
In the event of illness or accident due to this non-compliance, the employer can be convicted of misconduct and incurs a fine of 3,750 euros and 9,000 euros (and up to one year in prison) in case of recidivism.
Source: BFM TV
