With the hot weather, how cool do we have to keep the work environment?

Some employees have been claiming it is too hot in our plant — is there a legal requirement to keep it a certain temperature?

Brian Johnston
Question: With the hot weather, some employees have been claiming it is too hot in our plant. The plant is air conditioned to about 84 F which seems reasonable to us. It’s very expensive to cool, because the building is not very efficient. An anonymous letter is threatening legal action if the temperature is not lowered. From what I know there is nothing “legal” that requires us to keep it cooler than 84 degrees. Am I wrong?

Answer: If you are in British Columbia, there may be a problem. British Columbia requires that employers maintain summer temperatures of between 74 and 81 F (23.3 to 27.2 C). Meanwhile, employers in New Brunswick have to monitor the workplace with heat measuring instruments, train workers to recognize the symptoms of heat stress and what to do if it occurs and ensure an adequate supply of fresh drinking water is available that employees have frequent access to.

For all other employers, there is the general duty to take every reasonable precaution to ensure workplace safety. This general duty includes eliminating the risk of injury or illness from heat in the workplace.

Heat stress occurs when there is a build up of heat in the body that makes it difficult for the body to maintain its normal internal body temperature. The six main factors involved with heat stress at a workplace are temperature, humidity, radiant temperature of surroundings, air movement, clothing and physical activity. A person experiencing heat stress may suffer from heavy sweating, dizziness, muscle cramps, confusion and collapse — therefore, safety issues.

According to the American Conference of Governmental Industrial Hygienists (ACGIH) the threshold limit values for acceptable workplace temperatures during the summer season (while the employee is wearing light slacks and a short-sleeved shirt) is 73 to 79 F (23 to 26 C). Therefore, depending on the type of work employees do in your plant, it appears the working conditions may exceed the limit according to the ACGIH.

Employers must be duly diligent to minimize workplace incidents involving heat and develop a plan for both you and your employees to follow during the hot summer months. At a minimum this plan should:

•monitor heat;

•train employees to recognize heat stress symptoms;

•ensure that a supply of fresh drinking water is available; and

•seek to ensure that workplace temperatures do not exceed known threshold limits.

The fact your building is inefficient may not be a defence to an occupational health and safety charge.

Brian Johnston is a partner with Stewart McKelvey Stirling Scales in Halifax. He can be reached at (902) 420-3374 or [email protected].

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