Royal Decree-Law 4/2023 or the regulatory visibility of heat stress at work

Abstract

Heat stress is the net heat load to which workers are exposed due to environmental conditions (temperature of nearby sources, humidity, and air speed and temperature), physical exertion and type of work clothes. Thermal overload is the consequence of thermal stress and is manifested in changes in body temperature, heart rate and sweating rate. In recent years, the phenomenon of climate change and rising temperatures have led to an increase in work accidents due to thermal overload, in some cases fatal and mainly in outdoor work. The legislative modification of Royal Decree-Law 4/2023, aimed exclusively at outdoor work and enclosures that cannot be closed, can have influence so that the risk is better perceived in any workplace. The purpose of this study is threefold. First, we analyse the shortcomings and the reasons for the relative failure of the previous regulation, which largely coexists with the new standard. Next, and sticking to the risk of high temperatures, we analyse the novelties provided by this standard, which modifies Royal Decree 486/1997, which establishes the minimum safety and health provisions in the workplace. Finally, we provide some considerations on the duty to assess the risk of thermal stress, of vital importance in a context marked by global warming.