Low temperature at work poses a health hazard. Check when you can refuse to perform your duties
According to the regulations, the employer must guarantee a temperature that does not pose a threat to the health or life of employees. This varies depending on the work we do.
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In offices and for light physical work, the minimum temperature is 18 degrees C, and for heavier physical work – 14 degrees C.. Working in conditions below these values is a violation of occupational health and safety rules, unless the specific nature of the position requires it, as in cold stores.
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When working outdoors or in unheated halls, the employer should provide protective clothing, the possibility of warming up in a room with a temperature of at least 16 degrees Celsius, and hot drinks if the temperature outside is below 10 degrees Celsius..
When can you stop working due to cold?
If the temperature in the workplace drops below the required minimum or general occupational health and safety conditions constitute a threat to health or life, the employee has the right to refuse to perform duties..
In a situation like this he should immediately inform your supervisor about the reason for interrupting work — preferably in writing, for example by email, text message or memo, so that you can prove it if necessary. He is entitled to full remuneration for the time in which he does not work due to too low temperature.
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This entitlement applies to both full-time employees and those working in conditions particularly exposed to cold, for example on construction sites. In a situation where the temperature drops to several degrees and reporting to superiors has no effect, employees can jointly inform that due to health risks they are refraining from work until safe conditions are restored.
How to report violations and assert your rights
The first step in the event of too low a temperature, the problem should be reported to the immediate superior or the human resources department. It is best to do this in writing, describing the situation and providing dates. It's also a good idea to document the actual temperature, for example by taking a photo of the thermometer at work.
If the employer does not respond to reports, the employee may file a complaint with the National Labor Inspectorate, also anonymously.
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The National Labor Inspectorate has the right to carry out an inspection, order the removal of irregularities, suspend work in a given place and impose a fine on the employer. The fine may range from PLN 1,000. up to 2 thousand PLN, and if the case goes to court, the fine may reach up to PLN 30,000. zloty. Examples of inspections in large retail chains show that the inspection reacts to signals about too low a temperature and may force improvement of working conditions.
