EXPLAINER: When is it officially too cold to work as Ireland prepares for snow blast?
As we approach the first real cold snap of this winter in the coming days, experts have revealed if and when it is too cold to go to work.
Met Éireann has issued a weather advisory for the entire country due to the arrival of a cold spell on Monday evening. The system from the Arctic could bring sleet and snow to many areas, particularly the northern half of the country.
With that in mind, Dublin-based office brokers Click Offices have put together a list of cold weather working myths, confirming or debunking these to inform workers of their rights:
There is a legal temperature when it is too cold to work - False
There is no legal temperature for when it is too cold to work across Ireland, however there are loose guidelines to help workplaces determine what safe levels look like. HSA advises a range of 18 to 23 degrees celsius as an acceptable temperature but this depends on factors like the working conditions, PPE and levels of physical activity involved.
Workplaces should provide uniform for cold weather - True
HSA advises that workplaces should provide proper personal protective equipment for jobs, this extends to clothing when workers are required to work in cold temperatures such as outdoors in winter. For staff working outside in the cold this may include coats, hats, boots and protective eyewear. It is the employer’s responsibility to ensure workplace provided clothing fits properly and the employee has received training for proper use of any PPE.
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My work can make me pay for weather-protective uniform - False
As mentioned, your workplace is responsible for providing suitable uniforms which meet safety standards in enabling you to undertake your job role. The Safety Health and Welfare at Work Act 2005 outlines that employers cannot transfer any financial costs related to safety, health and welfare duties onto employees. They may not request payment from employees for the provision of PPE, whether as a deposit or otherwise.
You will still be paid if you don’t work due to adverse weather - False
According to employment law experts, employers are not legally required to pay staff who fail to turn up for work, even if they are physically unable to travel to the workplace.There have been past reports of some employers threatening disciplinary action if employees do not attend. Whilst there is less legal protection, it is in the interest of both employee and employer to find a balanced resolution to support staff when the weather makes it difficult to commute. Conversations around discretionary pay, using holiday entitlement and working from home where possible can help mitigate financial losses from being unable to attend work.
I still have to drive in bad weather if my job requires it - False
It is never recommended to drive in unsafe conditions, whether that means making it to your shift or not. Workplaces have a duty of care to staff and should not be asking them to risk their safety in order to make it into work. Employment law advises employers to review and monitor weather conditions to ensure the health and safety of their employees. This consideration should always be balanced with business and operational needs. Employers should take a reasonable approach, such as allowing employees to leave early, depending on weather conditions and the distance they need to travel to and from work. Employers should also consider more leniency for lateness for staff who may have made a longer than usual journey to work due to disruption to transport.
I can request flexible working arrangements if my child’s school is closed due to the weather - True
Irish law dictates a right to request flexible working for those with parental or caring responsibilities, meaning employers have to consider reasonable adjustments where it can be accommodated by the business. Both the employer and employee should make effort to reach a reasonable arrangement in the event the employee needs to prioritise childcare arrangements at late notice. This can include adapting working hours, changing days of work or allowing leave to be used to take further time off for parental responsibilities.
Ignoring women’s and men’s different temperature requests could be discriminatory - True
Men’s higher proportion of body mass means they produce more heat involuntarily, making them less susceptible to feeling cold compared to women. A 2015 study found that women are typically more comfortable at a temperature that is 2.5ºC warmer than men, preferring a range between 24-25ºC versus men's range of 21.5-22.5ºC. When you additionally factor in DEI protective factors such as menopause and pregnancy, a case can be made for discrimination if women are subjected to lower temperatures to suit the preference of male staff. Workplaces should take a balanced approach to provide comfortable working for both sexes and if you have a health condition that is more affected by cold temperatures, you should make this known to your workplace and discuss adjustments for your safety.
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