Hi Renata – I work in a school in a cold part of Victoria. The heating system for my office often does not work when temperatures are below 5°C. Is there a rule about cold temperatures and what can I do about it?
This is not an uncommon issue faced by workers. Whilst there is no regulated temperature covered in the OHS Act or the regulations, this does not mean that your employer does not have to do anything to make your offices 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) – see Duties of employers. There is more specific information in the Compliance Code: Workplace facilities and the working environment, and while the Code is not law, the employer is expected 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 of the Code. These sections cover working in hot and cold environments, and the issue of ‘thermal comfort’ and ventilation in relation to working areas. Regarding the temperature in offices, at section 175 it states that for inactive, sedentary or desk-bound work, the workplace should be kept at between 20°C and 24°C, depending on the time of the year and clothing worn.
Thermal comfort in offices is also discussed at page 44 of WorkSafe’s publication Office health and safety – A guide for employers. As well as advising an optimum temperature of between 20°C and 24°C, depending on the time of the year and clothing worn, it also guides employers in identifying and assessing thermal comfort issues and offers suggestions for controls.
Do you have an elected HSR? If so, then take the issue to them and ask them to take it up with the employer. HSRs have rights and powers to raise safety matters for consultation with management. There are many things the employer could/should do to make offices more comfortable which should not be too costly – like repairing the heating system or replacing it with a system that works.
The Department of Education may also have policy and procedure on workplace temperature – we recommend speaking directly with your union for support and guidance on this matter.
If you have any questions about OHS we encourage to fill out an Ask Renata query and one of our officials will get back to you shortly. Alternatively give Ask Renatabot a try!