When is an office too warm?
ASR A3.5 (Technical Rules for Workplaces) provides information.
If it’s over 26°C outside and suitable sun protection measures are in place, further measures should be taken when the indoor air temperature exceeds 26°C, e.g.:
- Effective control of sun protection (e.g., keep blinds closed even after working hours)
- Effective control of ventilation systems (e.g., night cooling)
- Reduction of internal thermal loads (e.g., operating electrical devices only when necessary, switching off PCs during lunch breaks)
- Ventilation in the early morning hours
- Use of flexitime arrangements to shift working hours
- Relaxation of clothing regulations
- Establishment of additional cooling phases
- Use of fans (e.g., table, standing, tower, or ceiling fans).
If the room temperature exceeds 30°C, employers must take effective measures based on a risk assessment to reduce the strain on employees.
However, technical and organizational measures take precedence over personal measures (i.e., fans take precedence over time off due to heat).
If the air temperature in the room exceeds 35°C, the room is not suitable as a workspace for the duration of the exceedance. If the employer takes measures (e.g., cooling phases, air showers, longitudinal/cross ventilation, change of workplace/location), suitability can be restored.
If technical measures are taken that reduce the air temperature but increase the absolute humidity, care must be taken to ensure that this does not lead to an increase in the physical strain on employees.
In companies with a works council, co-determination rights must be observed when determining heat-related measures.
Heat-related measures are health protection regulations in accordance with Section 87 (1) No. 7 of the Works Constitution Act (BetrVG). As the ASR provide scope for possible measures, the works council has a say in this.
If no agreement can be reached with the works council, the conciliation committee must be called in. In the worst case, summer will be over before a works agreement is in place.
However, the works council will not normally be able to prevent unilateral measures taken by the employer to protect employees by means of a temporary injunction.
It is advisable to negotiate framework works agreements that are valid on a permanent basis. Many companies already have works agreements in place covering employer measures for heat protection – but also for protection against low temperatures.