A bottle of water is not enough. About working hard in the heat.

Heatwave, over thirty degrees in the shade. On the staircase, two delivery workers are trying to carry a heavy washing machine up the stairs. They say it's still nothing, because in the car cabin they have over 40 degrees.

For years, there has been a fight to establish upper temperature limits at which work can be performed. Poland is not ready for climate change, which is reflected not only in the law but also, for example, in the design of residential buildings, some offices, or factory halls. Once, the priority was to prevent people from freezing; today, it is equally important to prevent them from boiling.

The problem is that this summer in Poland, there is still no general maximum temperature at which employment must automatically be suspended once exceeded. Temperatures of 28 °C (indoors) and 25 °C (outdoors) primarily trigger the obligation to provide drinks, but do not prohibit work.

Working in the heat. Occupational health and safety ends with mandatory water

Besides this obligation, there are also other requirements resulting from occupational health and safety regulations. However, they are not precise, which leads to interpretational disputes. Indoors, the employer is responsible, among other things, for ensuring proper air exchange, maintaining ventilation and air conditioning systems in working order and cleanliness (this does not mean an obligation to install air conditioning), and securing workplaces against excessive sunlight, for example, with blinds or shutters. When working outdoors, risk assessment should consider solar radiation, which may require providing head coverings, appropriate clothing, skin protection, opportunities for rest in the shade, changing working hours, or employee rotation.

– Employers do not always comply with the applicable regulations. I get the impression they treat them a bit too lightly. And yet, if the temperature at the workplace exceeds 28 degrees and is caused by atmospheric conditions, employees are entitled to free drinks. This is an employer's obligation – says Renata Górna from the National Trade Union Confederation.

– The employer has various organizational or technical options. They can introduce employee rotation, change working hours to fall during the cooler part of the day, or start work earlier instead of working in the hottest hours, between eleven and three. Cooperation with trade unions can help develop such solutions – emphasizes the union representative.

Jakub Grzegorczyk from the National Trade Union Initiative Workers' Action also points out the ambiguity of the regulations: – In the current regulations, what caught my eye is that the only firm obligation for the employer is this darn water, while shortening working hours or additional breaks are optional. And water won't help if you're sitting, like I did last weekend, in the trunk of an airplane with a drill, after drilling three holes, thinking you'll faint. And I am relatively fine, because the hangar is large and often open, so when the wind blows, I get a breeze, and you can bring an additional fan inside the plane. But then the wind blows directly on you, so after a day or two, you catch a cold. But many colleagues from other workplaces work in sheet metal warehouses or halls without air conditioning. For heavy and stiff work clothes, where there are no vents, it’s a nightmare. A moment and you're soaked through.

Working in halls and offices is one thing. Many people work in difficult outdoor conditions, also under civil law contracts, such as couriers or delivery personnel.

– In various platform applications, there is a mechanism that increases rates when the weather is bad. This can cause problems because it encourages people to work more. If someone wants to take advantage of these good rates, they will often be additionally motivated to work in difficult weather conditions. The entire industry lacks regulations regarding working hours – says Stanisław Kierwiak from OPZZ Confederation of Workers for couriers at Pyszne.pl.

New regulations on working in heat. Temperature limits, but with many exceptions

In July, the Minister of Family, Labour and Social Policy issued a long-awaited regulation introducing new rules for working during heatwaves.

– The regulation provides, among other things, for the introduction of maximum temperature thresholds, beyond which certain types of work must be temporarily suspended: 35°C indoors and 32°C outdoors – explains Agnieszka Dziemianowicz-Bąk. – The last heatwave, the most dangerous in Poland's history, clearly showed that regulations are necessary. We all need clearer rules – she emphasizes.

It is worth noting, however, that the 32 °C limit applies only to heavy physical work outdoors, i.e., work generating an energy expenditure exceeding 1500 kcal for men and 1000 kcal for women during a shift. The regulation also introduces lower temperature thresholds, beyond which the employer will be obliged to implement technical or organizational solutions. Indoors, this will be 28 °C, and for heavy physical work, 25 °C. Additionally, for any work performed outdoors, the obligation to implement organizational solutions will arise once the temperature exceeds 25 °C. These may include additional breaks, shortening working hours, or changing working hours.

Civil law contracts and B2B. Will the new regulations protect all workers?

What about people working under civil law contracts or B2B? – The new regulations will also cover such persons. As clearly specified by the Labour Code, the obligation to ensure safe working conditions also applies to persons performing work on a different basis than an employment relationship, as well as to self-employed persons operating within a workplace – clarifies the minister.

Stanisław Kierwiak from the Workers' Confederation has doubts: – We need to pay attention to how these regulations will be applied in practice in the case of gig contracts. The question arises whether exceeding the maximum temperature and suspending work will not be associated with withholding wages. There are some solutions foreseen, but it’s not the same as in an employment contract, where the employer must pay the employee even if work cannot be continued for health and safety reasons.

The regulation will only come into force next year. There will certainly be disputes about its practical application. Trade unions criticize, among other things, the broad scope of work excluded from the maximum temperature limits, and thus from the obligation to suspend work once exceeded. This includes, among others, continuous operation, transport and communication, protection of persons and property, agriculture and breeding, gastronomy, hotel establishments, municipal services, some healthcare and social assistance facilities, as well as activities in culture, education, tourism, and recreation. However, this does not mean automatic exemption of these works from other obligations related to protecting workers from high temperatures.

OPZZ welcomed the publication of the regulation, which it had been advocating for many years. At the same time, Renata Górna points out its limitations:

– We emphasized that the catalog of exceptions was too broad. We will see in practice how this worker protection will function. It is worth reminding once again that the employer has many options to change the work mode. It just requires effort and organization, together with trade unions and occupational health and safety services, to ensure safe work – notes Górna.

The regulation also does not specify that shortening or suspending work cannot reduce wages. The ministry derives this principle from general regulations, but unions postulated to state it explicitly to avoid interpretational disputes. Employers also do not need to conclude a binding agreement with trade unions. They are to conduct consultations with employees within the occupational health and safety committee, and if the committee does not operate, to follow the procedures outlined in the Labour Code.

Workers, however, do not want to wait for perfect regulations. In situations where working conditions pose a threat due to temperatures, they propose a kind of "climate strike".

– For a long time, Workers' Initiative has been encouraging employees to interrupt work based on Art. 210 of the Labour Code and move to air-conditioned rooms when conditions are dangerous. This regulation can be considered a legal basis for such a "climate strike". An employee can stop working if their life or health is at risk – reminds Jakub Grzegorczyk.

The regulation is undoubtedly necessary. The question is only how it will affect working conditions, for example, of the delivery workers I met. Will their work be classified as transport and thus exempt from maximum temperature limits? And if they work on a contract or run their own business, will it be clear which entity is responsible for organizing their work? And will using these solutions mean a loss of part of their earnings? Only practice will show whether the new regulations will provide real protection or if they will mainly leave them with just a bottle of water.

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