The government leaves it to each company to decide whether to pause outdoor work during a heat wave. There is no new statutory reform in this area, since current occupational risk laws require employers to identify all foreseeable threats to workers’ health and to take the necessary steps to minimize them.
Yet the newly released text this Friday imposes a clearer obligation for firms to address extreme temperatures and to specify actions workers should take in their prevention plans. AEMET’s orange or red alerts are now explicitly acknowledged. According to the occupational health lead at UGT, Jose de Morena, this is a step never taken before. The reference to AEMET’s alerts is highlighted by the CCOO spokesperson, who notes that it will help employees know more precisely when and what measures they can request from their employer. Mariano Sanz, who leads occupational health at CCOO, adds that things looked messier in the past.
The ordinance, approved by the Council of Ministers, does not ban all outdoor activity during a heatwave. It states that work can be halted if preventive measures do not guarantee worker protection. In practice, if it is not possible to start earlier, split the day, or increase rest breaks, companies must stop operations. Failure to do so could entail economic penalties for those who continue work to avoid losses.
When AEMET raises an orange or red alert, the Government will prohibit outdoor work.
Fines from 2,451 to 983,736 Euros
Reckless exposure of workers to heat is treated as a serious or very serious offense under the Law on Violations of the Social Order and Sanctions (STRAIGHT). Penalties range from 2,451 to 49,180 euros for serious offenses or from 49,181 to 983,736 euros for very serious offenses. Whether fines are applied progressively depends on the inspector, but greater risk and immediacy typically lead to higher penalties. Data from the Department of Labor show that five workers died and nine were severely affected by heatstroke last year.
In Catalonia, the Labor Department plans to issue informative capsules to companies involved in outdoor activities such as gardening, construction, or delivery, as well as industries with high heat exposure like ovens, industrial kitchens, and indoor facilities susceptible to thermal stress. These communications, the labor inspectors explain, will intensify over the coming weeks with mass outreach to remind companies of their risk-prevention commitments.
Who activates the orange or red alert?
Regulations released this Friday in the Official State Gazette indicate that any company with employees working outdoors or in enclosed but not fully sealed spaces must have a specific protocol to respond to orange or red heat warnings. But who activates the alert? The government delegates this authority to the meteorological services of each autonomous community. If those bodies are unavailable, AEMET criteria will apply.
In Catalonia, the body responsible for deciding when extreme measures should be taken is currently the Civil Defense, though Meteocat anticipates a cross-departmental restructuring to integrate this into the decision-making process.