Ask Renata

I was wondering what the regulation temperatures for lunch/dining rooms are. Ours is hot in summer and freezing in winter. I’m not getting any joy from my employer.

This is a not uncommon issue faced by workers. Unfortunately, there is no regulated temperature covered in the OHS Act or the regulations, but this does not mean that your employer does not have to do anything to make the lunchroom more comfortable.

Your employer has a general duty of care to provide and maintain for employees a working environment that is so far as is reasonably practicable, safe and without risks to health (s21). The employer is also required to provide facilities and amenities. See Duties of employers

There is more specific information in the Compliance Code: Workplace facilities and the working environment, and while this is not LAW, the employer is supposed to either implement the controls in the Code, or proactively ensure that they are meeting their legal obligations in some other way.

The information and advice on heat and cold is in sections 161-183. These sections cover working in hot and cold environments, and the issue of ‘thermal comfort’ and ventilation – but in relation to the working areas. Regarding the temperature in the lunchroom there is only the following:

Section 77 The dining room needs to:

  • be kept clean and hygienic and be protected from weather
  • be separated from any hazard (including noise, heat and atmospheric contaminants and conditions, and toilet facilities)
  • be separate from any work process or area
  • be kept, so far as is reasonably practicable, within a safe temperature range for safe food handling, hygiene and comfort.

If there is inadequate cooling/ventilation and heating in the lunchroom, then it is not going to be comfortable and will not be providing the employees with a suitable location to be able to rest, recuperate and eat their meals. Do you have an elected HSR? If so, then take the issue to them and ask them to take it up with the employer. There are many things the employer could/should do to make the lunchroom more comfortable, and which should not cost very much – like installing a reverse cycle air conditioner!
Read more on these issues: Dining facilities - what must employers provide? Cold and Heat

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