The Labour and Social Security Inspection (ITSS) announced that this summer they will be paying particular attention to compliance by the self-employed with employees and businesses of the safety and health regulations at work related to high temperatures, in a context where episodes of extreme heat are expected.
In this context, they have launched a ‘ Special Plan against the risks of high temperatures’, within which they have already sent 112,000 letters to businesses whose employees carry out all or part of their work outdoors. As stated by the ITSS, “this year the focus has been on special employment centres, multi-service companies and hospitality businesses.”
In these letters, they explained, the Labour and Social Security Inspectorate would be reviewing the harmful effects on the health of employees exposed to high temperatures, as well as the applicable regulations in this area and the prevention and protection measures that businesses must adopt to avoid possible unpleasant episodes.
The special ITSS campaign occurs in a context in which the State Meteorological Agency (AEMET) has warned about the high temperatures that will be recorded in Spain this summer, with a probability greater than 70% that in the coming months high temperatures will be recorded, experiencing one of the five warmest summer seasons since 1961.
In light of these forecasts, the Labour and Social Security Inspectorate has launched a special surveillance campaign on the measures that businesses and self-employed workers with employees implement to protect their employees from extreme temperatures.
In this regard, they explained that “in months where high temperatures and sun are the main protagonists, to carry out work outdoors it is necessary to implement specific prevention measures to protect the safety and health of workers.”
To do this, they have begun to send letters to businesses dedicated to sectors where work is traditionally done outdoors, such as Construction or multi-service companies – cleaning, gardening and other similar tasks. In addition, this year the Inspection will also focus on special employment centres or the Hospitality Industry, whose employees often have to perform their duties on the outdoor terraces of bars and restaurants.
Thus, the Labor Inspection has already sent more than 112,000 letters to businesses, in which it informs companies of the following issues:
Harmful effects on the health of employees and self-employed workers exposed to high temperatures.
Applicable regulations in the field of occupational health and safety.
Prevention and protection measures to adopt in the face of the risk of exposure to high temperatures in outdoor work.
In parallel, the ITSS has drawn up a list of ten recommendations that businesses can apply to protect the health of their employees when they carry out their duties outdoors during the summer months, when they are at greater risk of suffering serious consequences due to episodes of extreme heat.
This protocol, among other measures, could include the possibility of modifying the work schedule during days when the temperature is especially high. Something that is included in the Workers’ Statute. “The regulations allow an irregular distribution of the workday during episodes of high temperatures,” the union stated.
In this regard, labour inspectors said that “we have even seen businesses that establish night shifts for their employees during the summer, even though they do not carry them out during the rest of the year.”
This issue, which came into force last summer, directly affects the activity of thousands of small businesses and self-employed workers. Above all, those dedicated to construction, services such as cleaning or gardening or hospitality, in months where the terraces of bars and restaurants are usually full of customers.
In addition to monitoring the actions taken to combat high temperatures in businesses whose activities are carried out outdoors, the SITSS union stated that, “in these months, the actions of the Inspection are intensified, both in exterior and interior work , since exposure to heat is suffered not only by employees who work outdoors, but also, for example, by those who work in industry or in premises and offices.”
This is the case, for example, of businesses dedicated to industry, where there may be non-compliance “because the company’s facilities are obsolete and it has difficulties in implementing air conditioning systems,” stated SITSS.
However, although the inspection campaign is the same, “the treatment for prevention purposes is different. In both cases, there are specific assessments to measure exposure to high temperatures,” they added.
Surveillance and care for the health of workers exposed to high temperatures during the summer is a particularly relevant issue for the Inspection, but also for the businesses themselves and the self-employed with employees, taking into account the high penalties to which they may have to pay. deal with non-compliance.
In this regard, the Labour and Social Security inspectors concluded by reminding that “fines for not complying with the protocol and prevention and safety measures start at 2,451 euro, and could reach, in aggravated cases, 49,180 euro per business.”
