Heat Wave: A Reinforced Legal Framework in France

In recent years, heat waves have become more frequent, and, naturally, this can affect employees at work. Common health issues arising from such heat waves can include exhaustion, headache, fainting, dehydration, and, in some rare cases, even death.

From a French employment law perspective, employers have a general obligation to take any measures necessary to ensure their employees’ health and safety at work at all times. They are also required to adapt these measures, taking into account any significant events and circumstances, which would include heat waves.

General Safety Obligation

To date, the standard recommendation has been to anticipate heat waves. Employers must take preventive measures to protect their workers from the consequences of a heat wave and limit its potentially harmful effects. Preventive measures include:

• Conducting a risk assessment: Employers must perform an annual risk assessment that includes risks associated with heat waves to prevent the associated harmful effects for employees.
• Checking work premises: Employers must ensure that the ventilation system of their premises is effective and complies with regulations.
• Adapting outdoor work environments: Employers must also protect employees working outdoors from climatic conditions by providing shelters, shaded areas, and other accommodations.
• Placing fresh and clean water at employees’ disposal: The water should be available near their workstations.
• Informing employees: Employers should explain the risks arising from heat waves, the appropriate preventive measures, and the symptoms of heatstroke. (This information may be prepared in cooperation with the occupational health services.)
• Monitoring the temperature within the workplace.
• Adapting working schedules: This might involve allowing employees to start work earlier or take additional breaks, for example.
• Providing protective devices (e.g., fans, misting systems, etc.) to employees and installing external shutters, blinds, shades, etc.

Related Article: Beating the Heat at Work

In response to heat waves becoming more frequent and intense, the government has decided to enhance its regulatory framework to better protect workers. Starting July 1, 2025, a new decree will impose greater obligations on employers to prevent heat-related risks in the workplace. The decree outlines specific steps employers must take to mitigate heat exposure, including:

• Using alternative work processes to reduce or eliminate heat exposure.
• Redesigning and rearranging workspaces to improve ventilation and minimize heat buildup.
• Adjusting schedules to limit the duration and intensity of heat exposure and ensuring adequate rest periods.
• Implementing technical solutions (e.g., sunshades, fans, misting systems) to reduce heat in workplaces.
• Increasing access to cool, drinkable water and ensuring it is stored near work areas in a way that keeps it cool.
• Selecting work equipment that helps maintain stable body temperatures.
• Providing personal protective equipment (PPE) that mitigates high temperatures or shields against solar radiation.
• Offering clear and effective training on heat safety protocols and the correct use of equipment and PPE, with the goal of reducing exposure as much as technically feasible.

The level of an employer’s responsibility is linked to Météo-France’s weather warning levels (green, yellow, orange, or red). In cases of orange or red alerts, employers must implement heightened protective measures immediately.

Breach by employers of their obligations may trigger significant risks of claims in the event of work accidents. In addition, if no specific corrective measure is taken, employees are entitled to leave the work premises on the basis that they are exposed to serious and imminent danger. The French labor inspection authority is empowered to act in cases of noncompliance.

What Employers Need to Do

Plan ahead by updating your risk assessment document and recording all heat wave prevention actions to demonstrate compliance.

• Adjust the organization of the work by modifying work schedules and processes.
• Adapt workstations.
• Provide appropriate work equipment, materials, PPE, etc.
• Ensure access to fresh drinking water.
• Educate and train employees.
• Protect vulnerable workers, such as pregnant employees, older workers, and those with chronic health conditions.

Laure Joncour is an attorney with Norton Rose Fulbright in Paris. © 2025 Laure Joncour. All rights reserved. Reposted with permission of Lexology.