New minimum temperature limits in workplaces

On 12 October 2022, an amendment to Government Decree No. 361/2007 Coll. came into force, which establishes, among other things, minimum temperatures in workplaces. The Ministry of Health prepared the amendment with the intention of reducing the consumption of energy, which may be in short supply due to the upcoming winter and the energy crisis. How will this change be translated into practice and what are the risks for employers if they fail to comply with the minimum temperatures?

This article was written in 2022. If you are looking for up-to-date information on this topic, please do not hesitate to contact us at office@arws.cz or by phone at +420 245 007 740. We will be happy to advise you.

Author of the article: ARROWS (Mgr. Lukáš Nálevka, office@arws.cz, +420 245 007 740)

 

Only the minimum temperatures are affected by the change in temperature, the maximum temperatures remain at their current level. Therefore, if an employer wants to provide his employees with increased thermal comfort, the regulation will restrict it as before. It should also be added that the change to the minimum temperatures is only temporary, as the amendment to the regulation provides for the minimum temperatures to return to their previous level from 1 July 2024.

The proposed changes to the minimum temperatures in non-conditioned workplaces can be seen in the table below:

 

Class of work	Existing minimum temperature	Proposed minimum temperature	Maximum temperature (without change)
I	20 °C	18 °C	27 °C
IIa	18 °C	16 °C	26 °C
IIb	14 °C	without change	32 °C
IIIa	10 °C	without change	30 °C
IIIb	10 °C	without change	26 °C
IVa	10 °C	without change	24 °C
IVb	10 °C	without change	20 °C
V	10 °C	without change	20 °C

 

The changes in minimum temperatures thus affect only two classes of work in the case of non-climatised workplaces, namely work classes I and IIa. The Regulation classifies 'work in class I as sedentary work with minimal whole-body physical activity, office administrative work, control work in supervisory and control rooms, typing, PC work, laboratory work, assembling or sorting small light objects ' and class II as 'work mainly in a sedentary position involving light manual work of the hands and arms, driving a passenger car and some railway vehicles, moving light loads or overcoming small resistances, automated machining and assembly of small light parts, piece work for toolmakers and mechanics, cashiering. "

However, the Ministry of Health has not forgotten to update the minimum temperatures for air-conditioned workplaces, which it proposes to amend as follows:

 

Class of work	Existing minimum temperature	Proposed minimum temperature	Maximum temperature (without change)
I	22 °C	18 °C	27 °C
IIa	20 °C	16 °C	26 °C

 

Last but not least, the Ministry of Health has proposed to the government to change the minimum temperatures in sanitary facilities, which include changing rooms, washrooms, showers and toilets. This is also where the biggest difference between the existing and proposed minimum temperatures occurs:

 

Facilities	Existing minimum temperature	Proposed minimum temperature
Changing rooms	20 °C	18 °C
Washrooms	22 °C	19 °C
Showers	25 °C	19 °C
Toilets	18 °C	15 °C

 

What are the penalties?

If an employer fails to ensure that employees have minimum temperatures in the workplace while at work, they risk being fined up to several million crowns.

If you are still unsure about minimum or maximum temperatures in the workplace, do not hesitate to contact Mgr. Lukáš Nálevka, attorney at law.