Shops and establishments must justify when they do not apply the temperature limit on the thermostat
The BOE of August 2, 2022 published Royal Decree-Law 14/2022, of August 1, on economic sustainability measures in the field of transport, regarding scholarships and study aid, as well as savings, energy efficiency and reduction of energy dependence on natural gas.
Within its wide and varied regulation, perhaps the aspect that has raised the most controversy among the population is the one referring to the promotion of energy savings and efficiency.
Temperature in heated rooms and in cooled rooms
The decree establishes that the air temperature in the conditioned habitable spaces indicated in section 2 of IT 3.8.1 of the Regulation of Thermal Installations in Buildings (RITE), approved by Royal Decree 1027/2007, of July 20 , will be limited to the following values:
a) The air temperature in the heated rooms will not exceed 19º C.
b) The air temperature in the refrigerated rooms will not be less than 27º C.
c) The above temperature conditions will refer to the maintenance of a relative humidity between 30 % and 70 %.
According to the aforementioned art. 2 of RD 1027/2007, fixed installations of air conditioning (heating, cooling and ventilation) and the production of domestic hot water, intended to meet the demand for thermal well-being and hygiene of people, will be considered thermal installations, applying to thermal installations. in newly constructed buildings and thermal installations in constructed buildings, in relation to their renovation, maintenance, use and inspection, with the limitations determined therein.
Temperature thresholds in work centers
It is also established that the temperature thresholds indicated above must be adjusted, where appropriate, to comply with the provisions of Royal Decree 486/1997, of April 14, which establishes the minimum health and safety provisions in workplaces, and those premises that justify the need to maintain special environmental conditions or have specific regulations that establish this do not have to comply with said temperature limitations, in which case there must be a physical separation between the premises and the adjacent premises. who are obliged to maintain the conditions indicated above.
Obligation to install information signs or use screens
The standard establishes that the aforementioned conditioned habitable spaces must inform, through information posters or the use of screens, the application measures that contribute to energy savings related to the limit values of air temperatures, information on temperature and humidity, opening of doors and review and maintenance regimes and regulated in the RITE and in the previous section.
Said posters or screens must be clearly visible from the entrance or access to the buildings, as well as in each of the locations where the display devices referred to in the aforementioned IT exist, and may additionally indicate other measures that are being adopted for energy savings and efficiency.
Implementation of a door closing system
Likewise, buildings and premises with access from the street will have an adequate door closing system, which may consist of a simple automatic door closing arm, in order to prevent them from remaining open permanently, with the consequent energy waste due to energy losses to the outside, regardless of the renewable or non-renewable origin of the energy used for the generation of heat and cold by heating and cooling systems.
Justification of the measure
The Royal Decree justifies the implementation of ambient temperatures in habitable areas because energy saving is the fastest and most economical way to face the current energy crisis and reduce bills, which is why the measures Energy efficiency will help to have more comfortable buildings, with lower energy consumption, and to have a more competitive productive sector that is better prepared for next winter. In this sense, the air conditioning of spaces, it is added, is one of the areas with the greatest savings potential, with the possibility of acting imminently on energy management and conservation measures that generate immediate savings.
Entry into force and duration of the measure
The seventeenth final provision warns that the decree-law will come into force on the same day of its publication in the Official State Gazette, although the obligations of sections one and four of article 29 will come into force seven calendar days from the day following its publication (on August 10, 2022) and will be valid until November 1, 2023.
What should be understood by a work center?
– Workplaces will be understood as the areas of the workplace, built or not, in which workers must remain or to which they can access due to their work.
– Hygienic services and rest areas, first aid facilities and dining rooms are considered included in this definition.
– Likewise, the service or protection facilities attached to the workplaces will be considered as an integral part of them.
What workplaces are excluded?
– Means of transport used outside the company or work center, as well as workplaces located within the means of transport.
– Temporary or mobile construction works.
– Extractive industries.
– Fishing vessels.
– Crop fields, forests and other land that are part of a company or agricultural or forestry work center but that are located outside their built area.
What is the specific obligation of the employer?
The employer must adopt the necessary measures so that the use of the workplace does not cause risks to the safety and health of workers or, if this is not possible, so that such risks are reduced to a minimum, including environmental conditions.
Specifically, art. 7 of RD 486/1997 provides that:
“Exposure to the environmental conditions of the workplace must not pose a risk to the safety and health of workers. To this end, said environmental conditions and, in particular, the thermohygrometric conditions of the workplaces must comply with the provisions of Annex III."
Said Annex, entitled “Environmental conditions of workplaces”, includes the following aspects to be taken into account by employers:
1º Exposure to the environmental conditions of workplaces must not pose a risk to the safety and health of workers.
2nd. Likewise, and to the extent possible, the environmental conditions of the workplace should not constitute a source of discomfort or annoyance for workers.
To this end, extreme temperatures and humidity, sudden changes in temperature, annoying drafts, unpleasant odours, excessive irradiation and, in particular, solar radiation through windows, lights or glass partitions should be avoided.
Sanctions regime
Business violations of thermal measures in workplaces will be subject to the sanctioning regime contained in Royal Legislative Decree 5/2000, of August 4, which approves the consolidated text of the Law on Infringements and Sanctions in the Social Order. .
Consequently, the infractions could be classified as serious, in accordance with its art. 7.10 of “Establishing working conditions lower than those established legally or by collective agreement, as well as acts or omissions that are contrary to the rights of workers recognized in article 4 of the Law of the Workers' Statute, unless their rating as very serious, according to the following article.”
In the event that the violation is classified as serious, the fine, at its minimum level, will be 751 to 1,500 euros, at its average level from 1,501 to 3,750 euros, and at its maximum level from 3,751 to 7,500 euros; while if it is a very serious infraction the fine, at its minimum level, is 7,501 to 30,000 euros, at its average level from 30,001 to 120,005 euros, and at its maximum level from 120,006 euros to 225,018 euros (art. 40.1 , letters a and b).
In conclusion
Notwithstanding the temperature thresholds indicated in Royal Decree-Law 14/2022, of August 1, on savings measures, energy efficiency and reduction of energy dependence on natural gas, in statements made on August 5, The Minister for the Ecological Transition and the Demographic Challenge, Teresa Ribera, has specified that bars and restaurants can limit the use of air conditioning "around 25 degrees", taking into account the recommendations of labor legislation, compared to 27 degrees. that the royal decree contemplates.
In this sense, he has clarified that the 27 degrees will be applied "with flexibility" and has given as an example that nightclubs, kitchens and gyms need a different temperature than other spaces such as a bookstore. For the minister, "workers who are in conditions of significant physical exercise cannot be asked to not have the conditions that labor law guarantees with respect to maximum and minimum temperatures." Therefore, businesses and establishments must justify when they do not apply the temperature limit on the thermostat, in order to protect the occupational health rights of their workers.
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