When can you stop working in extremely cold weather?
During the winter months, working outdoors can be challenging, especially during severe frosts. But may an employee stop working when it gets too cold? The law does not give a straightforward answer to this, but there are guidelines and collective bargaining agreements that define when working outdoors is no longer responsible.
No fixed temperature limit in law
The Occupational Health and Safety Act does not specify a specific temperature limit at which work in the cold must be stopped. However, this does not mean that employees must continue working in extreme cold without protection. Employers are required to provide a safe and healthy working environment. When in doubt, an occupational health and safety expert can be called in to assess whether working in the given weather conditions is responsible.
Collective bargaining agreements on working in the cold
Although the law does not set an exact temperature limit, several collective bargaining agreements do contain clear rules. Specific agreements apply in sectors such as Metal and Engineering, Construction & Infra, Roofers, Finishing and Painting.
- Many collective bargaining agreements stipulate that employees do not have to work outside when it is freezing.
- Stricter rules apply to the Construction & Infra collective labor agreement and the Painters collective labor agreement: there, outdoor work may be stopped only when the wind chill is -6°C or colder.
Can an employee go home immediately in extreme cold?
Even if it is too cold to work outside, this does not automatically mean that an employee may go home. Employers can offer substitute work indoors as long as it fits within the employee's job duties. Only when health or safety is in immediate danger can work be stopped.
Conclusion: consultation and adaptation are crucial
In extreme cold weather, it is important for employers and employees to consult. Collective bargaining agreements can provide guidance, but employers also have a responsibility to take measures such as protective clothing or alternative workplaces. In doubt about working conditions? Consult an occupational health and safety expert or look at the agreements in the collective bargaining agreement.
This blog was written by Mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and assists entrepreneurs daily with a wide range of employment-related matters. From dismissal cases to drafting watertight contracts and policies – with his practical and personal approach, he helps employers and employees move forward. Want to know more?Visit Stijn's page.
Arbeidsadvocaat.nl is happy to think with you if you have questions about the Occupational Health and Safety Act. Please feel free to contact us .
April 2025
