Are There Workplace Temperature Limits in New Zealand?

New Zealand does not have a specified legal maximum or minimum workplace temperature, and there is no set temperature at which work must stop. A temperature reading alone is not enough to determine whether work is safe.

Instead, businesses must identify and manage the risks associated with heat, cold and other environmental conditions, and take reasonably practicable steps to provide a healthy and safe work environment for workers.

What is a reasonable working temperature?

A reasonable temperature isn’t defined by a number on a thermometer. Other environmental factors are taken into consideration such as:

• Humidity.
• Air flow.
• The level of physical intensity and duration of the work.
• Whether work is indoors or outdoors.
• The clothing and PPE being worn.
• Access to drinking water, shade, shelter and rest breaks.
• Physical fitness of the worker and if they are used to working in various weather conditions.
  

Temperature-related risks can arise in many workplaces, including construction sites, landscaping businesses, fabrication and manufacturing facilities, automotive workshops, kitchens, cool stores and vehicles.

While comfort is important, temperature risks should be assessed based on their impact on health and safety. Providing access to shade, shelter, heating or cooling facilities can help reduce exposure and improve worker wellbeing.

Health and safety in hot conditions

Hot weather can cause serious health problems, including heat exhaustion, heat cramps, and heatstroke, the most serious heat-related illness, which can be fatal. Heat can also lead to dehydration, dizziness and fainting. Training workers to recognise the warning signs for issues such as heatstroke is another health and safety initiative you can implement.

Some workers may be more affected by heat due to health conditions, medications, pregnancy or because they are not accustomed to working in hot conditions.

High temperatures, especially over consecutive days, can impair physical performance. This can impact your business through lost productivity and higher operational costs due to increased absenteeism and presenteeism.

Another effect of summer heat is poor sleep quality resulting in a greater chance of accidents or injury caused by fatigue. Heat can also affect concentration and decision-making, increasing the likelihood of mistakes and incidents.

Practical controls for hot conditions

Providing access to cool drinking water, shaded rest areas, and increasing the number of breaks throughout the hottest part of the day allows workers to step out of the relentless heat. Where practical, businesses should also consider whether work can be moved, redesigned or mechanically assisted to reduce heat exposure.

Workers should also have appropriate personal protective equipment (PPE), long sleeve shirts, eye protection in the form of UV certified sunglasses, a wide brimmed hat and access to high SPF sunscreen. PPE should not be the only way risks are managed where more effective controls are available. You may also want to consider rescheduling, if possible and practical, certain tasks for cooler conditions, such as early morning, especially if those tasks involve strenuous manual labour.

Managing risks in cold conditions

Cold temperatures can present safety challenges. Ice, wind and wet conditions can create slip hazards, reduce dexterity and concentration, and increase the risk of hypothermia. In extreme conditions, frostbite can occur. These risks can arise outdoors or in refrigerated workplaces such as cool stores.

There are many industries where workers need to work through the colder months. These include electrical line maintenance workers, builders and road construction crews, ski field workers and lift operators.

It is vital that you have the correct procedures and precautions in place to ensure your workers are not at high risk as the mercury falls.

These can include:

• Rescheduling shifts to warmer times of the day.
• Providing protective equipment and clothing, gloves, hats, and appropriate footwear.
• Providing facilities to dry wet clothing where required.
• Providing warm, dry shelter during breaks.
• Ensuring workers can access or make hot beverages and heat up food.
• Have a breakroom or rest area with heating where workers can warm up.
• Providing regular breaks for workers working outside to escape the cold.
• Regularly checking in with workers working outdoors.
  

Do you need a temperature risk management plan?

The law does not require every business to have a document called a "temperature risk management plan". However, businesses should identify temperature-related hazards, carry out a risk assessment where appropriate, and implement controls suited to their work activities.

Where workers may be exposed to extreme heat or cold, and for higher-risk environments, a documented risk assessment can help demonstrate that risks have been considered and managed. Consulting with workers can also help identify practical issues and determine which controls are likely to be effective.

Any controls should be reviewed regularly and whenever conditions change, incidents occur, or existing arrangements are not working as intended.

Can a worker stop work because of unsafe temperatures?

Workers should raise concerns about extreme heat, cold or other weather-related risks with their manager, employer or health and safety representative as soon as possible.

Under the Health and Safety at Work Act 2015, a worker may stop or refuse to carry out work if they believe it would expose them or another person to a serious health and safety risk. Businesses and workers should work together to resolve concerns, and workers are protected from adverse treatment for raising genuine health and safety issues.

How can Peninsula assist?

Managing temperature-related risks is not simply about checking the weather forecast. Businesses should understand where heat, cold, wind, humidity, workload, PPE and other factors may create health and safety risks, and ensure appropriate controls are in place.

If you are unsure whether your current controls are adequate, Peninsula can assist with hazard identification and provide a draft risk assessment aligned with your operations as a starting point. This can help support meaningful discussions with workers about the risks they face and the controls that may be appropriate for your workplace.

For specialist advice on your health and safety obligations, call Peninsula today.

This article is for general information purposes only and does not constitute as business or legal advice and should not be relied upon as such. It does not take into consideration your specific business, industry or circumstances. You should seek legal or other professional advice regarding matters as they relate to you or your business. To the maximum extent permitted by law, Peninsula Group disclaim all liability for any errors or omissions contained in this information or any failure to update or correct this information. It is your responsibility to assess and verify the accuracy, completeness, and reliability of the information in this article.