Three people have died this year while working because of high temperatures, and officially we are only into summer for a short time. What were once solitary tragedies are now part of a rising occupational accident rate. The previous year saw the Ministry of Labor report five deaths during workdays attributed to extreme heat. That year remains the highest on record for worker fatalities tied to heat. It is a fact that the climate crisis and its impacts raise the risk of death on the job.
This Monday marked the tenth episode of extreme temperatures, and both companies and workers are questioning the effectiveness of the new prevention regulations. A law in force since 1995 has undergone almost no changes. Starting this May, companies should update their risk assessments to account for heat peaks and include clear guidelines on how to respond during those peaks to safeguard workers’ health.
not very specific regulations
Lawyers and businesspeople consulted express doubt about the regulations’ effectiveness. Some say it is unclear when and how to act, while others feel the new rules do not impose new duties beyond existing obligations. The Ministry of Labor is now sending 102,000 letters to remind companies of both new and ongoing obligations, especially in sectors exposed to high temperatures due to their activities.
Two of the three workers who have died this year were employed in the field on family property: one in Cinco Casas, Ciudad Real, and the other in Aznalcóllar, Seville. They were self-employed according to all sources consulted, along with many SMEs, which appear to be among the most vulnerable in the occupational risk prevention network.
The first issue is that mandatory self-evaluation is frequently skipped. The second is the lack of a standardized protocol. If an external company conducted the assessment, it is not always clear how it applies to the specific business. The latest data from Generalitat’s Enquesta de qualitat i condicions de treball indicates that only one in four companies conducts its own risk assessment.
Small firms often lack a risk prevention agent, partly due to low unionization. Labor inspectors are viewed by many workers as a rare presence, with fewer than one representative for every ten thousand employees. They exist, but many workers say they have never seen one. “The problem remains the same: how do we implement it? The Labor Inspectorate has resources and we push as far as we can go. It is easier where delegates exist, and more complex when they are not,” says Antonia Fuentes, occupational health secretary at UGT-Fica Catalunya.
prevention gap
Edits to prevention are not seen as essential for small firms, even though they often rely on a lean but efficient structure that fits these companies. Finding a balance to adapt remains a challenge. Even with many years of occupational risk regulations, the balance between practical safety and day-to-day operations is delicate, notes Silvia Miro, a Pimec workplace manager.
To reduce the historical gap with larger employers, Pimec has established a consulting service for its members to move beyond mere compliance with the law and toward qualitative measures tailored to the actual workplace realities.
New regulations
A company that compels outdoor work during a heat wave without adequate protective measures can face penalties up to one million euros. These sanctions align with measures approved on May 12 when the government strengthened protections for workers against extreme temperatures.
“The new regulations do not introduce a new obligation, since there was already a duty to assess thermal stress. It reads more like a reminder than a novel requirement,” says Oscar Martin, an occupational health and safety technician at Pimec. “There has been little consultation about it,” he adds. He notes that UGT indicates companies must have a protocol in place for heat alerts, and that the assessment should consider workers’ age, health conditions, and overall health status.
According to Consuelo Chacartegui, professor of law and social security at UPF, the regulatory changes complete an occupational risk framework that dates back to 1995, but do so in an imprecise and confusing way. It does not set clear parameters for when activities should stop due to heat. In terms of risks from the climate crisis, southern European countries are still working toward clearer guidance. Mediterranean countries are beginning to adapt and recognize increased risk, she adds.