Working in cold weather conditions – what are the responsibilities of an employer?

Over the past weeks, the UK has been subjected to adverse weather conditions such as heavy snowfall, high winds, and flooding resulting in day-to-day disruptions, particularly with travelling for work. There is no doubt that the UK will continue to experience unpredictable weather as we move through the winter. Therefore, it is vital that employers are aware of their responsibilities when it involves their employees working in cold weather conditions.

In this article, Sarbjit Bisla, Suneetra Singh and Ella Gorman of the Health and Safety team at Weightmans, explore the challenges faced by employers in ensuring the health and safety of their employees working in cold conditions.

What are employers’ duties under health and safety legislation?

All employers have a duty under section 2(1) of the Health and Safety at Work Act 1974 to ensure, so far as is reasonably practicable, the safety of their employees.     This no doubt extends to include any risks to health, safety or welfare of employees arising from working in low temperatures.

The term ‘reasonably practicable’, as explained by the Health and Safety Executive, is a balancing exercise where the risks involved are weighed against the inconvenience, time, and money required to control the risks.

There are no legal minimum and maximum temperatures for workplaces and outdoor working.

Employers are required to carry out a suitable and sufficient risk assessment of the risks arising from working in cold weather conditions and the significant findings should be recorded. The risk assessment will need to consider matters such as the nature of the work being undertaken, working hours, shift patterns, breaks and any other relevant provisions, for example, appropriate protective clothing. Other elements that should be considered by employers include vulnerable workers (for example, pregnant and disabled), and vehicle safety if the work involves travelling in vehicles belonging to employers.

A risk assessment undertaken (and reviewed as weather conditions change/deteriorate), should determine whether works should go ahead in hazardous weather conditions, whether proposed works on any given day should be called off and in the event that they can go ahead, what the appropriate protective control measures should be. 

Employers should also consult with their workforce, including any appointed health and safety representatives or recognised trade union representatives regarding, for example, the significant findings of the above risk assessment process.

Once the necessary risk assessment has been carried out, it should implement any control measures that it identifies are needed to reduce the relevant risks so far as reasonably practicable. 

Practical steps that employers can take to help reduce the risks from working in cold weather conditions

Implementing clear weather policies would help set expectations between employers and employees and promote a consistent approach in managing work n adverse weather conditions. These policies should cover areas such as:

1. Accommodating later start times and flexible working hours during adverse weather periods;
2. Measures that can be taken in the event of weather deterioration during the workday; and
3. Procedures for employees who are unable to attend to their scheduled work and clarification on pay.

If the business involves delivery of goods or services by road, employers should consider whether any intended journeys are necessary. If they are, employers should ensure that their vehicles are safe and fully equipped to operate in hazardous weather conditions. Drivers and riders should be made aware of the steps that they can take to help reduce the risks arising from driving in cold weather. Employers should also consider if the length of driving can be reduced to accommodate poor weather and encourage drivers and riders to make regular break stops when delivering and collecting loads.

Increasing frequency of breaks to allow employees to stay warm and have access to hot drinks, providing suitable rest facilities maintained at appropriate temperature, utilising grit or similar substance to avoid slips and trips whilst working outside, and raising awareness on the symptoms of cold stress are amongst other pragmatic measures employers could consider implementing within their organisations.

To conclude, whilst we continue to work through the winter months, introducing protective control measures to combat the unpredictable weather will more than likely increase the level of productivity amongst employees. Outlining clear expectations and measures will not only minimise disruptions to the daily operations, but most importantly, highlights that the safety of employees is paramount.