What to keep in mind:
· All employers will have to assess the dangers related to employee publicity to excessive warmth episodes and put into effect a prevention coverage. · Thresholds of 28°C, 30°C and 33°C are known for the safety of staff’ well being. · In case of corporate failure, staff can depend on CSE, docs of occupational drugs, exertions inspection or prefects.
Because the Minister of Exertions issues out, local weather trade ends up in extra common, longer and extra intense warmth waves. They’re now a truth that is affecting other people at paintings annually, particularly the “first responders” who paintings out of doors or do their jobs in puts the place the temperature is already prime.
Vital deteriorations within the running stipulations and well being of staff have been noticed: worsening of exertion, discomfort, dehydration, psychosocial dangers because of traumatic scenarios, warmth stroke, injuries associated with impaired alertness and extra mortality at paintings.
Deadly injuries at paintings most likely associated with warmth have been reported by means of the Ministry of Exertions: seven in 2024 and 9 in 2025. Maximum came about within the context of the pro job of development (BTP) or agriculture. Investigations are ongoing into deadly place of work injuries that took place in Would possibly and June 2026.
So what does the legislation say?
New regulations
Vigilance map established by means of Meteo France. Climate France
The law of Would possibly 27, 2025, which refers back to the coverage of staff from warmth dangers, represents step one in adapting exertions regulations to new local weather realities. The decree of Would possibly 27, 2025 determines the extent of threat of every warmth wave, intense warmth episode and warmth wave length, in the course of the vigilance machine advanced by means of Meteo-France – yellow, orange or purple vigilance ranges.
In imposing their felony legal responsibility to give protection to, all employers are “obliged to ensure the safety and health of workers in all aspects related to work”.
The employer will have to assess the dangers related to staff’ publicity to episodes of intense warmth, indoors or outdoor, with enter from staff’ representatives at the Social and Financial Committee (CSE).
Then, the one occupational chance evaluate file lists the dangers related to excessive warmth, for every paintings unit, bearing in mind the differentiated have an effect on of chance publicity relying on gender. This DUERP is to be had to all staff within the corporate.
Coverage of prevention
As an extension, the employer will have to outline and put into effect, after session with elected CSE representatives, an efficient prevention coverage to give protection to staff from those dangers.
In each and every corporate with a minimum of fifty staff, the yearly program for the prevention {of professional} dangers and development of running stipulations (PAPRIPAKT) determines “a detailed list of measures to be taken in the following year in connection with these risks, specifying the conditions for each measure, indicators of results and cost estimates, as well as the dynamics of implementation.”
In keeping with the principle prevention way, which offers with the reasons of chance, equipped by means of legislation and the nationwide interprofessional settlement, the employer will have to first “avoid the risk”, steer clear of the human come across with the risk posed by means of prime warmth, “fight the risk at the source” and “adapt the work to the human” (particularly paintings strategies).
Not able to do away with the risk, he will have to prohibit the publicity of staff by means of quite a lot of measures:
“Implementation of work processes that do not require exposure to heat”;
“Technical means for reducing solar radiation on exposed surfaces”;
“Adjusting the organization of work, especially working hours, in order to limit the duration and intensity of exposure and ensure rest periods” with, as an example, converting the agenda by means of beginning previous – if the way of shipping permit -, extending the period of breaks, and many others.
Adaptation to sectors of job
The paintings will have to be tailored to the sectors.
As well as, in keeping with the secondary prevention way, which offers with the consequences of chance, the employer will have to supply staff with “fresh drinking water”, “personal protective equipment”, and many others.
The usage of telecommuting could make it conceivable to steer clear of the tricky stipulations of public shipping, however it’s not a sufficient resolution for workers whose houses are even worse remoted from workplaces.
When a division is put on orange or purple alert, corporations whose job is suffering from the warmth wave can declare the advantage of partial job.
Particular provisions are equipped within the Rural Code for constructions and public works, particularly for the unhealthy climate repayment regime that applies all over warmth waves.
However, the so-called unbiased staff who ship foods to houses, beneath subordinate virtual platforms, had been forgotten.
The exertions legislation will also be supplemented by means of typical, department and corporate provisions associated with the prevention of publicity to “extreme temperatures”.
Moreover, provisions such because the decree permitting the abolition of the weekly relaxation length all over the harvest length will have to be abolished, as temperatures may just then be prime and weekly running hours larger to 60 hours.
Threshold of 28°C, 30°C and 33°C
It stays to elucidate the regulatory texts with a purpose to lead them to operational and make sure efficient coverage of staff. Listed below are some illustrations.
Within the closed rooms the place the employees have to stick, the air is renewed to “avoid excessive temperature rise”. No exact information seems there.
And once more, within the development and public works (BTP) sector, “it is forbidden to assign young people to work that exposes them to extreme temperatures that may harm their health”. At what degree is that this “extreme temperature”?
For the Nationwide Institute for Analysis and Protection (INRS) and the Nationwide Well being Insurance coverage Fund for Salaried Employees (CNAMTS), warmth will also be an occupational danger with critical well being penalties, expanding the danger of place of work injuries. Thresholds are 30°C for sedentary job and 28°C for paintings that calls for bodily job. Paintings above 33°C is a well being danger for staff.
CNAMTS recommends evacuation of rooms above 34°C, in case of “long-term shutdown of air conditioning installations in commercial buildings”.
Relating to “high” temperature, particularly with reference to INRS suggestions, and the loss of prevention by means of the corporate, a number of rights will also be mobilized to give protection to the well being of staff.
Proper to warn CSE elected officers
Any employee consultant within the CSE can start up a proper to alert for “serious and imminent danger”. The employer will have to instantly behavior an investigation with the elected consultant of the CSE and take the important measures to permit the employees to “stop their activity and get to safety by immediately leaving the workplace.”
In case of war of words in regards to the truth of the risk or prevent it, the CSE is convened urgently, inside of a length of not than 24 hours. Within the absence of settlement between the employer and the vast majority of the CSE at the measures to be taken, the employer instantly contacts the exertions inspectorate.
Procedures of occupational drugs docs, exertions inspectorates and prefects
When the occupational drugs physician notes the life of a chance similar to prime temperature for the employee’s well being, “he proposes measures for its preservation in a reasoned and detailed manner.” “The employer takes these proposals into account and, in case of refusal, communicates in writing the reasons why they should not be acted upon.”
The exertions inspector, when he “perceives a serious risk of harming the physical integrity of the worker” that may be a result of non-compliance with positive provisions of the exertions legislation, can refer the case to a pass judgement on who comes to a decision in a abstract process to “order all measures to stop the risk” similar to quickly final the workshop or development website.
Upon a exertions inspection document that states a perilous scenario, the regional exertions director can order the employer to take “measures or actions to prevent occupational risk related to exposure to episodes of intense heat.” This process, which foresees a compliance length of 8 days, has no fast have an effect on at the scenario of the employees involved.
Right through the warmth wave in June, prefectural decrees made up our minds to droop website actions within the development sector, that are performed outdoor, between 12 p.m. and eight p.m. or between 1 p.m. and 10 p.m., all over any purple alert length. Those laws are very related and disclose the inadequacy of the law.
Particularly, it could be important to increase the authority for the transient suspension of the exertions inspector’s paintings, already foreseen in quite a lot of scenarios (fall from a peak, and many others.), to the danger brought about by means of prime temperatures.
Proper of withdrawal and proper to repayment
An worker might, on his personal initiative, withdraw from “any work situation that he has reasonable grounds to believe poses a serious and immediate danger to his life or health.”
He can do that in accordance with his subjective evaluate of the danger of warmth, in keeping with his non-public parameters (well being situation, gender, age, and many others.), bearing in mind the preventive measures taken or now not taken within the corporate, running hours, and many others. The worker then continues to obtain repayment and can’t be fined or fired.
Relating to deterioration of well being brought about by means of publicity to prime warmth, in any civil, social or felony dispute, the Unified Report on Possibility Evaluate at Paintings, which the employer assists in keeping for 40 years, will likely be reviewed. The employer’s shortcomings in relation to evaluate and prevention may end up in repayment for workers, particularly via reputation of the employer’s unforgivable fault, in addition to sanctions for the corporate that doesn’t paintings (failure to care for or replace is punishable by means of administrative or felony consequences.
