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Working in Heat: Occupational Health and Safety Regulations Often Fall Short

16 August 2024
Due to climate change, workers are increasingly exposed to heat in the workplace. This phenomenon, known as heat stress, poses risks to the health and safety of employees. Employers have a duty of care to mitigate these risks by implementing effective occupational health and safety policies. But what standards apply to working in the heat according to Dutch occupational health and safety regulations? Labor law researcher Jan Popma analyzed the sector-level agreements in the Netherlands for the European research project ADAPTHEAT. "In the vast majority of occupational health and safety catalogs and collective labor agreements, there is no clear standard to determine when it is too hot to work."

When is it too hot to work?

The research highlights several shortcomings of the current policy. First and foremost, there is ambiguity about when it is too warm to work. In the past, there was a legal 'threshold value'. However, this threshold value was abolished in 2013. "And agreements in occupational health and safety catalogs and collective labor agreements hardly fill this gap," says Popma. "When 'threshold values' are mentioned, they differ per catalog or collective labor agreement, which can lead to legal inequality and uncertainty." Additionally, very few catalogs describe how heat in the workplace should be measured, despite there being clear scientific consensus on this.

Preventing or mitigating heat in the workplace

According to Popma, the quality of the measures proposed in the occupational health and safety catalogs to prevent or mitigate the risks of heat is also not always sufficient. "The focus is strongly on personal protection, while truly preventive measures are much less common. For example, building modifications or organizational measures such as tropical rosters. The proposed measures are also often very general, while the occupational health and safety catalogs should specifically elaborate on the general rules, particularly in the Occupational Health and Safety Decree."

Effective heat policy

Based on his research, the ADAPTHEAT project makes several proposals for an effective heat policy. The starting point is the occupational hygiene strategy. This emphasizes technical solutions, such as workplace cooling, and organizational measures, such as tropical rosters. Personal protective equipment should be seen as the final element of the preventive approach. Guidelines for this preventive approach are included in a checklist as an appendix to the research report.

More information about ADAPTHEAT

Popma's research on heat stress is part of the European project ADAPTHEAT, which focuses on social dialogue around heat policy. The Dutch report within this project describes the collaboration between employers and employees (representatives) such as trade unions or works councils in drafting tailor-made agreements on safe and healthy working, as stipulated in the occupational health and safety legislation. Popma analyzed sector-level occupational health and safety regulations and conducted two case studies (in the construction and agricultural sectors, respectively).

Download the research report.

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