Postponing outdoor work, reducing physical exertion or taking more breaks indoors: employers must adapt working practices when air quality deteriorates. However, the government has ruled out setting thresholds that would automatically trigger these measures.
A temporary deterioration in air quality requires the employer to reassess workstations that pose a risk. This rule applies to all sectors without waiting for an alert or instructions from the authorities.
“A one-off episode of deteriorating air quality constitutes such a change in circumstances and, in itself, triggers the obligation to review the situation,” explain the Minister for Labour, 
The employer must assess the risk for each post based on several criteria: is the work carried out indoors or outdoors? How long does the employee spend outdoors? Does the work involve strenuous physical exertion? Does the person have any particular vulnerabilities?
Data from the Environment Agency, recommendations from the authorities and advice from the Occupational Health Service can inform this assessment. The occupational health doctor may be called upon to intervene where an employee is suffering, in particular, from respiratory or cardiovascular conditions.
Work to be postponed and breaks to be planned
The assessment may lead the employer to postpone non-urgent outdoor work, reduce the intensity or duration of physical exertion, adjust working hours or increase the frequency of breaks in sheltered areas.
On 17 August, against due to smoke from the fire in the Hautes Fagnes, the authorities are asking people to “limit, where necessary, work activities requiring significant physical exertion when there is heavy smoke or strong odours”.
Employees working on a temporary or mobile construction site must also have access to a sufficient supply of clean air. The regulations applicable to such sites require protection against harmful external factors, such as gases, vapours or dust.
The employer must inform employees or their representatives of the risks and protective measures. The employer must also consult health and safety representatives where their actions may affect the protection of staff.
Leaving one’s post in the face of imminent danger
Where a situation poses a serious and immediate danger, the employer may not require the employee to continue working. The employee may leave their workstation without suffering any detriment and must report the danger without delay.
The Labour and Mines Inspectorate (ITM) may intervene at a specific site, impose emergency measures, order the suspension of work for those at risk, or request an evacuation. During the incident in the Hautes Fagnes, it did not identify any situation requiring the use of these powers.
No threshold for automatically stopping work
The government has no plans to introduce thresholds for PM2, PM5, PM10 or nitrogen dioxide that would automatically trigger adjustments to or the suspension of outdoor activities.
The daily limit of 50 micrograms per cubic metre for PM10 is an indicator of air quality and public health. Exceeding this limit does not automatically trigger any legal consequences for the organisation of work.
A measurement taken in the ambient air does not necessarily reflect an employee’s actual exposure. This varies depending on the duration of outdoor work, the intensity of the activity, proximity to shelter, whether respiratory protection is worn, and the individual’s state of health.
According to the government, “a job-by-job risk assessment, which is the mechanism set out in the Labour Code, provides better protection for employees than a mechanical criterion applied uniformly”. A threshold could impose the same rules on different situations or give the impression that no precautions are required below that limit.
The limit values laid down in labour law relate to pollutants resulting from the company’s activities, such as certain chemical, biological or carcinogenic agents. They do not cover outdoor air pollution originating from sources outside the company.
No new regulations at this stage
The government considers that the general obligations set out in the Labour Code already provide a binding framework, subject to oversight by the ITM and with criminal penalties in the event of non-compliance. “No new regulatory measures appear to be necessary at this stage to ensure that employees working off-site are protected,” the ministers stated.
The ITM and the Occupational Health Directorate (DSAT) may, however, draw up a practical guide if future incidents highlight a further need. This document would help businesses to comply with existing obligations, without creating any new ones.
Advice from the authorities on dealing with smoke
In response to the visible smoke on 16 August, the authorities had recommended that:
– close the doors and windows;
– limit exposure to fumes;
– avoid prolonged physical activity outdoors;
– switch off the ventilation systems that were bringing in outside air;
– pay particular attention to vulnerable people.
On 17 August, they also recommended, “limiting, where necessary, work activities requiring significant physical exertion when there is heavy smoke or strong odours”.
