What to do when air conditioning or heating breaks down
Question: If the heating or air conditioning in our office breaks down, can we require employees to continue working for the whole day? At what point should the office be closed?
Answer: Employers in Canada may have both general and specific occupational health and safety (OHS) obligations in relation to thermal conditions in the workplace, depending on the jurisdiction in which they operate.
Workers’ compensation and OHS regimes across Canada impose on employers broad obligations to protect the health and safety of their employees. In a number of Canadian jurisdictions, employers are required to maintain certain thermal conditions in their workplaces, depending on the employer’s industry and the type of work environment in which employees perform their duties. For indoor workplaces, some regimes prescribe specific temperatures, while others require employers to maintain the temperature at levels that accord with accepted standards.
For example, s. 11.10 of the General Regulations under Prince Edward Island’s Occupational Health and Safety Act specifically sets 20C as the minimum temperature for enclosed workplaces where light work is performed. Similar provisions are found in New Brunswick.
The provisions relating to thermal conditions in enclosed workplaces in B.C.’s OHS Regulation are less explicit. Under s. 4.80, employers must ensure temperature and humidity levels within the indoor work environment are maintained within “acceptable comfort ranges,” as far as is practicable.
In Ontario, s. 129 of the Occupational Health and Safety Act, Regulation 851 (Industrial Establishments) requires that the temperature in enclosed workplaces be maintained at a level “suitable for the type of work being performed,” but not less than 18 degrees Celsius.
Although not all OHS legislation sets out the specific temperatures that are acceptable, many of the bodies administering these regimes subscribe to the standards established by the American Society of Heating, Refrigerating and Air-Conditioning Engineers, which sets the acceptable range of temperature for indoor comfort at 23C to 27C in the summer and 20C to 24C in the winter, depending on humidity levels.
In addition, in certain jurisdictions, special restrictions and requirements apply in situations where employees may be exposed to extreme temperatures that could cause illnesses or injuries. Under Division 4 of the B.C. OHS Regulation, for example, an employee must not be exposed to temperature levels that may cause heat stress. This type of restriction would typically apply to work environments that are hot due to work processes, but may also apply where the workplace is hot because of weather conditions, such as a heat wave.
In general, in order to discharge their OHS obligations, employers must take all precautions that are reasonably necessary in the circumstances to eliminate or minimize health and safety hazards in the workplace. Accordingly, employers must take all reasonable measures to ensure their employees are not exposed to thermal conditions that are hazardous to their health and safety. Based on the foregoing, whether such measures would require relieving office employees of their duties for the day because the heating or air conditioning broke down would depend on a number factors, including the jurisdiction in which the employer operates, the level of the temperature in the office after the breakdown and any extraordinary circumstances, such as extreme weather conditions.
Since the requirements relating to thermal conditions in the workplace may vary according to jurisdiction and industry, employers should consult the legislation in their specific jurisdictions or seek legal advice to determine applicable standards.
