Westminster Hall
Wednesday 24 February 2010
[Mr. Graham Brady in the Chair]
Workplace Temperatures
Motion made, and Question proposed, That the sitting be now adjourned.-(Steve McCabe.)
9.30 am
John McDonnell (Hayes and Harlington) (Lab): This Adjournment debate is about maximum workplace temperatures. I shall explain my interest in the subject.
Over the past three decades, there have been a number of bakeries and confectionery manufacturers in my constituency, some of which have unfortunately gone into decline as a result of past recessions. Nevertheless, there remains an element of that sector of industry in my constituency. I have taken an interest in health and safety matters for the work force in that sector in my constituency for a number of years. I am also chair of the Bakers, Food and Allied Workers Union parliamentary group, a cross-party group of about 30 MPs formed a number of years ago that considers problems in the industry in which the bakers union has members.
Health and safety is a key factor for the union, as it is to a number of the MPs in the parliamentary group. In recent years, we have been working on the matter of maximum working temperatures. That is a critical factor for those working in the bakery sector, but we have made links with other trade unions through the TUC; for them, too, it is a key issue. That is the genesis for today's debate.
I shall explain our concerns about the effects of heat in the working environment. After a long period of campaigning, we have at last seen an increased awakening in the House, within Government and in society to the dangers of working in high temperatures. There is now an acceptance that we may have underestimated the short and long-term psychological and physical effects of what used to be described as non-major health risks in the working environment. We now understand a lot more about the effects of high temperatures on people at work.
Some attempts have been made at giving guidance to employers more generally on the range of temperatures in which it is comfortable to work. The Chartered Institution of Building Services Engineers recommends a range of temperatures; for example, it suggests 13° C for heavy work in factories and 16° C for light work, about 18° C for hospital wards and shops and 20° C for offices and dining rooms.
Those are temperatures in which people will feel comfortable when working, but research has shown that when the recommended temperature range of between 16° C and 24° C is exceeded it has a range of implications for those working in such environments. If people get hot, they may suffer dizziness, fainting or even heat cramps. In very hot conditions, the blood temperature may rise; if it rises above a certain level, there is a risk of heatstroke or collapse. In some instances it can prove fatal. Even if there is recovery, evidence shows that irreparable organ damage can result.
Kelvin Hopkins (Luton, North) (Lab): In France, it is the norm for employers to provide fresh drinking water. Even that would be an advance here. Even when suffering from heat and perspiration, people are not always aware that they are dehydrated, or of the damage they may be doing to themselves.
John McDonnell: My hon. Friend makes a valuable point. The reason for this debate is to secure clarity in our regulations. There is greater clarity in other parts of Europe, with maximum ranges of temperatures being set for particular industries, but we do not have that here.
I shall explain the current regime and its weaknesses. We should be clear about what we seek. It is not about setting a maximum temperature above which an industrial or commercial process should end. It is about setting a temperature above which the employer should take action to overcome the problem. My hon. Friend the Member for Luton, North (Kelvin Hopkins) gave a good example, which was the supply of water. Ventilation is another.
I have raised the matter before, but a cretin-I can only describe him thus-attacked me in the media, saying that we were trying to prevent people from working in the sun or in hot conditions. Far from it: we were trying to keep people at work, but to ensure that sufficient compensatory action was taken to prevent them becoming too hot and suffering health problems as a result.
David Simpson (Upper Bann) (DUP): I congratulate the hon. Gentleman on obtaining this important debate. I declare an interest in the agri-food sector.
I turn to the other extreme-the contrast of cold conditions. Because of European legislation, employers could face litigation when it comes to cold temperatures as employees could have difficulty with their joints as the years roll on. That, too, is a problem, and employers may need protection on that side of things.
John McDonnell: It is interesting to note that a minimum temperature is set. When I first left school, I worked for Birds Eye on the hamburger line-I have not eaten one since. In those cold conditions, action was taken if the temperature fell, cladding was given and people were taken out of those conditions to enable them to warm themselves. It is about ensuring an appropriate trigger mechanism that protects workers and employers and makes clear what action should be taken and at what level. We do not have that for maximum temperatures.
I have touched on the wider health impacts, but it is worth trying to get something more on the record. The effects of heat were not sufficiently acknowledged in previous debates on the matter, nor by the Health and Safety Executive. The effects include fatigue, extra strain on the heart and lungs, and the dizziness, fainting and heat cramps due to loss of water and salt that I mentioned earlier. Hot, dry air also increases the risk of eye and throat infections and breathing problems such as asthma and rhinitis.
Even what we would call medium temperatures can lead, as we know in this place, to loss of concentration and increased tiredness, which means that workers may be at greater risk. Those indirect effects can lead to an increased likelihood of accidents, as can slippery, sweaty
palms; and they also lead to an increase in discomfort. Those are the effects that have been recorded. We have an increased understanding of those effects in the short term, but insufficient research has been undertaken into the long-term effects of working in a hot environment and the daily exposure to high temperatures. One plea that I make is for the Government to give the HSE some direction in order to ensure a much greater element of research into the long-term effects of working in hot conditions.
Mr. Gregory Campbell (East Londonderry) (DUP): Does the hon. Gentleman agree that the situation could be clarified somewhat if the Government gave the HSE precise directions? At the moment, there seems to be a lack of direction. If that materialised, we could move forward.
John McDonnell: I fully agree with the hon. Gentleman. I hope that what results from today's debate is an acknowledgement by the Government that that is the route that needs to be taken. We have been down all the advisory routes, but none of them seems to have worked.
The extent of the problem is massive and in the past, it was not treated sufficiently seriously. The various trade union groups, particularly the bakers union, have surveyed workers to discover how they feel about the problem. Let me give some examples of the surveys we have undertaken. In 2008, high temperatures were cited as a major hazard by one in five safety representatives in an extensive TUC survey. Interestingly, the survey cut across sectors-central and local government, education and manufacturing. One of the big issues was post-war buildings with a high glass content. The president of the Bakers, Food and Allied Workers Union, Ronnie Draper, who has joined us in the gallery today, said:
"The lack of a solid legal framework makes it difficult for us, as a trade union, to protect our members and leads to vast inconsistencies across the country."
He told us about two BFAWU members who were working for the same large retailer in different locations. Both complained about the workplace heat, but the management's control measures were totally different in each case; one was acceptable and one was not. Therefore, even within the same company there are different practices on control measures. As the hon. Member for East Londonderry (Mr. Campbell) said, that is down to a lack of clarity.
A whole range of responses came out of the HSE's 2010 survey. Let me quote from one bakers union member, who said that
"staff have no control because we can't open windows. Also if we try to get fans or heaters more often than not we are told no because of wires being across the floor".
"We have juice in the summer, but it has to be a 'very' high temperature before we get it."
One of the consistent themes that came out of the survey was the inadequacy of the fan units even when they were delivered by the employers themselves.
There was just one survey in Northern Ireland, which revealed that workers at a large food manufacturer were regularly working in temperatures ranging from 28° C to 35.9° C, and that is an intolerable heat environment in which to work. I pay tribute to other unions with
which we have worked. The Union of Shop, Distributive and Allied Workers undertook a similar survey in 2009 and had more than 1,100 responses. Some 61 per cent. of the staff working in the various workplaces, shops, offices and warehouses said that high temperatures are a continual problem, and 87 per cent. said they had been complaining about high temperatures for over a year but with little or no response from management. Only 10 per cent. reported that management had taken appropriate steps to alleviate the problems, such as providing fans and cool drinks.
In that survey, 72 per cent. reported that thermometers were not available in the workplace even to monitor the temperature, which is a clear breach of health and safety regulations.
Kelvin Hopkins: Does that simply not indicate that employers do not want their employees to know what the temperature is because they might complain?
John McDonnell: As always in such situations, it indicates that there are good and bad employers, and what we have to do is legislate for the bad employers. We have examples of employers taking the appropriate action, and others of employers refusing to undertake their responsibilities even under the existing regulations.
In the survey, we asked union members to describe the problems they were experiencing. They cited fatigue, feeling sweaty and irritable, headaches, dizziness and nausea, which is not acceptable in a modern working environment. We linked up with other unions in other sectors. A trade union survey among teachers found similar problems. Again, members talked about headaches, particularly when they were based in modern buildings with a high glass content and when summer temperatures rose to 32° C.
We have also had responses from telephone exchanges and call centres. Again, recorded temperatures ranged between 31° C to 36° C. In some places, the average temperature was 28.64° C, which is well beyond what would be considered a normal, comfortable working environment. In cases where the relevant unions sought to gain improvements, there was a failure in back-up, which was partly to do with the HSE or the local authority. Those improvements that had been introduced had taken years to achieve.
The problems in this area relate to the current regulations. The Workplace (Health, Safety and Welfare) Regulations 1992 laid down particular requirements for most aspects of the work environment, but on temperatures they are confused and feeble. Regulation 7 specifically deals with the temperature in indoor places and states:
"During working hours, the temperature in all workplaces inside buildings shall be reasonable."
Then a code of practice sets out what is deemed reasonable:
"The temperature in workrooms should provide reasonable comfort without the need for special clothing. Where such a temperature is impractical because of hot or cold processes, all reasonable steps should be taken to achieve a temperature which is as close as possible to comfortable."
"The temperature in workrooms should normally be at least 16 degrees Celsius"-
so we have a minimum temperature of sorts-
"unless much of the work involves severe physical effort in which case the temperature should be at least 13 degrees Celsius".
It does not specify a maximum temperature. Instead, what we have is a series of thresholds, which is extraordinary. It says that the thresholds are set on the basis of reasonableness, so in air-conditioned offices, it is not reasonable if more than 10 per cent. of employees are complaining of being too hot or cold.
Kelvin Hopkins: Is it not the case that in food manufacturing in particular, employees have to wear special protective clothing and cannot strip off to the waist and cool down in that way?
John McDonnell: Exactly, and that is why we need greater clarity about what action needs to be taken in such a case. This vagueness of relying upon the subjective judgment of percentages of workers is extraordinary and something that we do not find in other fields. In air-conditioned offices, 10 per cent. of employees have to complain before action is taken. In naturally ventilated offices, more than 50 per cent. of employees need to complain. In retail businesses, warehouses, factories and other indoor environments that may not have air conditioning, some 20 per cent. of employees have to complain of being too hot or too cold. Only then are the workers entitled to request that their employer take action, and only then does the employer have a duty to respond.
Dr. William McCrea (South Antrim) (DUP): The burden of the hon. Gentleman's presentation is a call for clarity. Does he not acknowledge, however, that we must strike a balance between protecting the workers, which is of vital importance, and protecting their employment? Quite often when it comes to legislation, the pendulum can swing too far, and we must be very careful in the preparation of that legislation.
John McDonnell: I fully agree that it is about a reasonable approach. We need to have a reasonable interpretation but with long-stops. At the moment, we have a long-stop at the minimum but not at the maximum. That is as much to protect the employer as the employee. What we find is that good employers will do their best, and unscrupulous employers will undermine the whole sector.
Elsewhere in Europe, maximum temperatures are set. In Germany, a maximum of 26° C is the norm, but the guidelines state that if the outside temperature is higher, there is an element of flexibility. At least a norm is set which can be referred to. Similarly, in France there is greater clarity. In Spain, specified temperatures range between 17° C and 27° C. Again, at least there is a benchmarking exercise that can be done within a particular sector. Let me repeat: this is not about our wanting to say, "We have reached a certain temperature-we have to shut down the shop or the process." It is about saying, "We have reached a certain temperature, and now it is reasonable behaviour to introduce measures which will enable some form of discomfort to be eradicated." That is usually by ventilation and increased water.
Mr. David Crausby (Bolton, North-East) (Lab):
Is that not the most important point? Legislation should solve the problem rather than create trouble. The unions are leading the call for a change in legislation, but it is those people who are not organised or protected by the
trade unions who are most at risk. Unions in organised places can create an atmosphere of complaint, but in places in which the union is not strong, workers have to suffer what is directed at them.
John McDonnell: Clear evidence is emerging about the disparities between a unionised shop and a non-unionised one. In most employment situations-we have all been there-it is also better to have a clarity of relationship. Then the union can relate to management and say, "We've got a problem here and we will jointly resolve that problem." However, there is a real difficulty if there is no union organisation to do that. In that situation, therefore, the only fall-back is clear regulation and law. If the legislation is not clear, the individual is vulnerable to exploitation and they are unable to exercise their particular protections.
There are real problems because we do not have clarity on a maximum temperature and those problems have emerged in this debate. There are problems about just regulating the overall workplace itself. What is happening at the moment is that, on an ad hoc basis, there are interventions by both unions and management to resolve matters, but in other areas there are no interventions and as a result employees are having to endure working in what I believe are unsafe and unhealthy working conditions.
I tried to gain information about how the existing regulations are working, so I put down questions about enforcement and monitoring. I asked the Secretary of State for Work and Pensions
"how many instances of stress due to exposure to high temperatures in the workplace were reported to the Health and Safety Executive".
I chose the years from 2005 to 2008 to ask about, to gain information on up-to-date records from the last four or five years. The response that I received from my hon. Friend the Minister who is here today was:
"Instances of heat stress, as a medical condition, may be included in injuries reported under the Reporting of Injuries Disease and Dangerous Occurrences Regulations 1995 but it is not possible to identify them separately."
At the moment, therefore, the HSE is not even monitoring the separate issue of instances of heat stress.
I then thought that I would at least see whether there are any examples of prosecutions, because we know from the surveys that have been carried out that high workplace temperatures are a serious issue for many workers. We have also seen from the surveys that, in some instances, workers have failed to induce action from their employers to resolve these problems. Therefore, what is the fall-back? Well, the fall-back is the HSE prosecuting employers who fail to meet the standards set out in the regulations.
So I asked how many prosecutions there had been by the HSE in cases of failure to manage high temperatures in the workplace and again I asked about the years from 2005 to 2008. My hon. Friend the Minister reported:
| Next Section | Index | Home Page |