At midsummer temperatures, restaurants and beer gardens are especially favored by guests. However, sun and heat can make gastronomy work much more difficult and lead to rapid exhaustion and dehydration of your staff. That is why – in addition to sensible voluntary measures – there are regulations in the labor law that are intended to make it easier to deal with high temperatures. A common question revolves around the term "too hot to work".
Are restaurateurs required by labor law to send their employees home when it is too hot to work?
No, according to Annex 3.5 Para. 1 to Section 3 of the Workplace Ordinance (ArbStättV), occupational health and safety only recommends ensuring a "room temperature that is conducive to health". A recommended standard value of 26 °C is specified here. If this value is exceeded, the employer should provide sun protection outside and better ventilation indoors, for example in the form of sun blinds, fans or air conditioning.
If the temperature rises above 30 °C, caterers are required to take additional measures, such as adjusting working hours, allowing more breaks or providing cold drinks. Rooms with interior temperatures above 35 °C are no longer suitable as workrooms, but there is no legal regulation regarding “too hot to work” here either. In cases like this, however, supervisors must take appropriate measures, such as moving the activities to other rooms.
Special regulations at certain temperatures exist for pregnant women, chronically ill or severely disabled employees. Upon presentation of the appropriate medical certificates, these employees must be released from certain duties.
What can be done to protect outdoor food service staff from excessive sun exposure?
When it comes to protecting gastronomy staff outdoors, there are some easy-to-implement strategies that make working under the stinging sun easier.
First, reconsider fixed outdoor locations, such as bars or stationary cash registers. Parasols, awnings and clever placement provide shade and allow your employees to catch a breath during work hours. At lunchtime, when UV rays are at their strongest, it helps to divide your team fairly into shifts so that individual service workers are not overworked.
As with indoor work activities, complimentary cool beverages should be provided to ensure adequate hydration. Sunscreen and head coverings are other effective ways to ensure better protection from the sun's rays. Do not forget to regularly remind your staff to comply with the measures and recommendations.
Should restaurateurs relax dress code rules at the height of summer?
Professional dress in gastronomy is very diverse; therefore, in terms of relaxations, it must be decided individually depending on the workplace. While the same hygiene and safety regulations must be met in the kitchen even in hot temperatures, service staff can switch from long-sleeved shirts and blouses to short-sleeved versions. At the reception of hotels, a suit is often obligatory even in summer as an integral part of the appearance. In beer gardens, on the other hand, it is no problem if shorts peek from under the apron.
Overall, workwear made of light, air-permeable cotton fiber, possibly with UV protection, and shortened half-aprons should be used. It is best to put your restaurant's dress code in writing to inform your staff of the rules in advance.
What are the consequences for restaurateurs who do not comply with occupational health and safety?
Although Annex 3.5 Para. 1 to Section 3 of the Workplace Ordinance (ArbStättV) is not a law itself, restaurateurs should nevertheless comply with its recommendations on occupational safety. This is because if it can be proven that no mitigating or preventive measures were taken in the case of heat and that the health of workers was deliberately endangered as a result, fines or even up to one year's imprisonment can be imposed under Section 26 of the German ArbSchG. If the accusation is only an administrative offense, a fine of up to € 500 may still be due.
Therefore, when it is hot, make sure to cool down and protect your entire team from excessive summer temperatures by taking appropriate occupational health and safety measures.
