The BOE has published this Friday the fine print of the measures announced this week by the Minister of Labor, Yolanda Díaz, to protect workers from the foreseeable heat waves that will be experienced this summer.
The new regulation – which enters into force this same Saturday – obliges the employer to “take adequate measures to protect workers who work outdoors or in places that cannot be closed” against any risk related to adverse meteorological phenomena of any kind. type, not just heat, but the text does specify that “including extreme high temperatures or winds.”
Said measures, as announced this Friday by the Ministry of Labor, will have to be established by the companies after an evaluation of occupational risks, which will take into account, in addition to the aforementioned phenomena, “the characteristics of the tasks that are carried out and the personal characteristics or known biological status” of the worker.
On this point, and regarding the announcement made by Minister Díaz, that companies will be obliged to stop the activity if the workers are in danger, as part of the required protection measures, the obligation to stop “should only be carried out in those cases in which the due protection of the worker cannot be otherwise guaranteed” to carry out “certain tasks” during the hours in which high temperatures or strong winds occur.
Having said this, and in the event that it is issued by the State Meteorological Agency or, where appropriate, the corresponding regional body in the case of the autonomous communities that have said service, an orange level warning of adverse meteorological phenomena or red, and the previous preventive measures do not guarantee the protection of workers, “the adaptation of working conditions will be mandatory, including the reduction or modification of the hours of development of the scheduled workday.
All these new labor regulations are included in a concise first additional provision that modifies Royal Decree 486/1997, of April 14, which sets the minimum health and safety provisions in the workplace.
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