With a heatwave sweeping across Europe and more frequent storms, the legal landscape around extreme weather and employment is evolving.
At present, there are no specific extreme weather protections in place in NI; rather, general health and safety measures govern employment rights within ‘unsafe’ working environments.
Lewis Silkin’s Belfast office has published guidance that employers could consider when tackling workplace issues during extreme weather.
- Develop and communicate watertight extreme weather policies with clear alert-based responses established.
- Ensure risk assessments are up to date, documented, and consulted on with worker representatives for both on-site and remote workers.
- Carry out vulnerability assessments to determine which workers are more exposed to extreme weather-related risks.
- Establish communication links with employees where messages relating to expectations during extreme weather can be clearly delivered in a timely manner.
- Consider whether PPE should be modified to adapt to extreme weather.
- Engage proactively with unions and regulatory bodies to ensure compliance and protect both staff and organisational reputation.
NI’s Minister for the Economy, Dr Caoimhe Archibald, recently unveiled the results of Unite’s ‘Extreme Weather’ survey and its policy demands for legislative reform to protect workers in its report ‘Workers in the Eye of the Storm’, reflecting a growing trend toward increased regulation in this area.
This is the first call for change across the island of Ireland, although the Trades Union Congress has also called for change in Great Britain.
Unite’s proposals appeal for specific regulatory and legislative protection for workers in NI which would include mandatory extreme weather risk assessments, alert-based responses, paid climate leave, associated costs remaining with employers, temperature controls in the workplace and enhanced regulatory oversight.
Emmie Ellison, senior associate at Lewis Silkin said: “Whilst these are only proposals for consideration at present, Unite is in the process of engaging with government departments and the Health and Safety Executive for NI to discuss its requests. However, the Minister for the Economy has committed to a round table to discuss and address the issues raised by the report, including this specific package of measures aimed at enhancing worker protection.”
Unite’s report highlights the need for new laws to protect workers during extreme weather in Northern Ireland and examined how employers can be better prepared, communicate more effectively, and meet their legal obligations to keep workers safe during extreme weather.
Only 16% of survey respondents knew that their employer had an ‘Extreme Weather’ policy during the disruption to workplaces caused by Storm Éowyn, which isn’t necessarily surprising as it is not currently a legal requirement.
The report concludes that the situation during Storm Éowyn was “made worse by the absence of specific legislation outlining employers’ responsibilities during extreme weather events and requiring all workplaces to have an extreme weather policy.”
As climate change accelerates, the law must now catch up with the new reality of employees working in extreme climates and proposals could bring a new climate of safety to workplaces and protection to employees which employers will need to get to grips with.
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