Modification in the regulations for the prevention of occupational risks in episodes of high temperatures
The Royal Decree-Law 4/2023, of May 11, was published today, Friday, May 12, in the BOE, by which urgent measures are adopted in agricultural and water matters in response to the drought and the worsening of the conditions of the primary sector derived from the war conflict in Ukraine and the weather conditions, as well as promoting the use of Collective land public transportation by young people and prevention of occupational risks in episodes of high temperatures.
The first final provision of this new standard contains a modification of Royal Decree 486/1997, of April 14, which establishes the minimum health and safety provisions in workplaces which is modified as follows:
Section 5 of Annex III, which referred to outdoor workplaces, is deleted and a new additional provision is introduced with the following wording:
Single additional provision. Environmental conditions in outdoor work.
1. When work is carried out outdoors and in workplaces that, due to the activity carried out, cannot be closed, adequate measures must be taken to protect workers against any risk related to adverse meteorological phenomena, including extreme temperatures.
2. The measures referred to in the previous section will derive from the evaluation of occupational risks, which will take into consideration, in addition to the aforementioned phenomena, the characteristics of the task being carried out and the personal characteristics or the known biological state of the worker. In application of the provisions of this provision and article 23 of Royal Decree 1561/1995 on special working days, preventive measures will include the prohibition of carrying out certain tasks during the hours of the day in which adverse meteorological phenomena occur, in those cases in which due protection of the worker cannot be otherwise guaranteed.
3. In the event that a warning of adverse meteorological phenomena of orange or red level is issued by the State Meteorological Agency or, where appropriate, the corresponding autonomous body in the case of the autonomous communities that have said service, 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 planned day.
4. This additional provision will apply to all workplaces, including those of article 1.2 of the aforementioned Royal Decree (for example construction sites, workplaces in means of transport, extraction industries, fishing vessels, crop fields, etc.)
