On paper, the rule seems crystal clear: “The maximum temperature of workplaces may not normally exceed 26°C.” A reassuring limit... until the following clarification: this standard does not apply if the outside temperature exceeds this threshold. This raises doubts as to whether employees are really protected in hot weather.
The Chamber of Employees (CSL) in February . Faced with this observation, MP (Déi Lénk) submitted a parliamentary question to labour minister (CSV) on the effectiveness of this provision.
In his response, the minister points out that the maximum temperature recommendation only applies to so-called “classified” establishments under Commodo legislation, i.e., those whose activity presents a risk to health, safety or the environment, such as certain workshops, factories or building sites--provided that this recommendation is included in their operating permit.
The 26°C threshold is based on standard EN ISO 7730, which defines thermal comfort ranges for sedentary or low-intensity activities. It is an indicative value, intended to encourage operators to maintain an acceptable working environment, without imposing a strict obligation when external conditions make this threshold difficult to meet.
It’s up to the employer to act
The basis of the system remains article L.312-2 of the labour code, which requires employers to carry out an ongoing assessment of health and safety risks in the event of unfavourable thermal conditions (fatigue, dehydration, reduced alertness, even heatstroke). In theory, this obligation implies concrete measures as soon as conditions become trying: improved ventilation, more frequent breaks, reduced physical exertion or even adjustments to working hours.
Mischo insists that this assessment must be individualised and take account of the nature of the job, the specific working conditions and the profile of the employees. The “standard condition” therefore cannot replace a case-by-case analysis.
Particularly exposed sectors
The recommendations of the Multi-sector Occupational Health Service (STM) complement this framework by providing action thresholds adapted to the intensity of physical activity. For the most demanding occupations, such as construction or agriculture, measures must be taken well before mercury reaches this level. Mischo points out that the tolerance provided for in the labour code--when the outside temperature exceeds 26°C--in no way exempts employers from their duty of prevention. Quite the contrary: in highly exposed sectors such as industry, construction or agriculture, these adaptations are all the more essential. Reducing physical exertion, taking extra breaks, using protective equipment or reorganising working hours are all essential measures to protect the health of workers in the field.
When asked about the effectiveness of the scheme, the labour minister said that the combination of legal obligations under the labour code and the STM’s recommendations provided an incentive framework. But in the age of climate disruption, the question remains: is this incentive framework enough to guarantee safe working conditions for all?
The CSL, for its part, is calling for a step forward by making protections stricter and more systematic.
This article was originally published in .