Without heat on the construction site: what is allowed?

Glittering concrete, dusty air, scorching sun – and you’re still working on a construction site? Many people hardly consider this reasonable. Can you take a break in extreme weather conditions? The answer is clear: no! According to German labor law there is no legal right to avoid heating, neither in the office nor outdoors. While schoolchildren are sent home in summer temperatures, craftsmen must carry out their work even in extreme heat.

There is therefore no temperature limit beyond which it automatically stops on site. Even extreme values ​​do not change the situation; the obligation to perform work remains. Labor lawyer Ellen Kloth also confirms this: “At 35 degrees, […] At 40 degrees and above there are no special regulations yet.»¹

But that doesn’t mean that employers can simply ignore the heat and that tradespeople remain defenseless against adverse weather conditions. The Occupational Safety and Health Act unequivocally requires: “The work must be designed so that there is no risk to life or safety [für] physical and mental health is avoided as much as possible and the residual danger is kept as low as possible.»² (Section 4 paragraph 1 ArbSchG) – this includes the risk of excessive heat stress. The Civil Code also provides that employers are required to adopt protective measures and design work spaces in such a way that employees are protected from risks to life and health (see Article 618 paragraph 1 BGB).

Employers cannot simply stand idle when temperatures are high. The Technical Workplace Regulations (ASR) suggest that when air temperatures exceed 30°C, appropriate measures should be taken such as longer breaks or the provision of cool drinks. While these guidelines were formulated for indoor spaces, they can be applied to working outdoors. However, the requirements are not legally binding; they are simply recommendations. In practice, however, the authorities and courts certainly follow the ASR; non-compliance may be considered a violation of workplace safety.

While there is no legal obligation to stop working at high temperatures, craftsmen are not allowed to work in conditions that pose a health risk. When the outside temperature exceeds 35 degrees a critical point is reached: this is where employers and employees should start a dialogue; after all, both parties have an interest in maintaining the ability to work.