Royal Decree-Law 4/2023 and the reform of Royal Decree 486/1997 require all companies—regardless of sector—to reorganize their working hours, provide shade and hydration facilities, and, when the AEMET (Spanish Agency for the Protection of Workers' Rights) declares an orange or red alert, even suspend outdoor work. The Labor Inspectorate has announced specific campaigns this summer, and penalties for failing to comply with heat prevention measures range from €2,451 to €49,810 (serious offense), or up to €983,736 if classified as very serious.
With the first warnings from the State Meteorological Agency (AEMET), companies are required to activate the heat stress protocol provided for in Royal Decree-Law 4/2023. These are the points that the Inspectorate will review in greater detail:
1. Specific risk assessment
Temperature, humidity, solar radiation, and work clothing must be included in the prevention document. The plan must identify critical positions and provide for graduated measures based on the alert (green, yellow, orange, or red).
2. Adaptation of the working day
- Reduce either displace heavy tasks to the cooler hours.
- Prohibit outdoor work during peak sunlight periods when an orange or red alert exists and no other technical alternative is possible.
- Enable the telecommuting or climate leave of up to four days with pay if the transfer to the center entails serious risk.
3. Minimum material resources
- Continuous supply of fresh water.
- Shaded areas or refrigerated spaces for breaks.
- Appropriate protective equipment (cap, breathable clothing, sun cream).
- Indoor ventilation or air conditioning systems maintaining the temperature between 17 °C and 27 °C and humidity between 30 % and 70 %.
4. Training and health monitoring
Employees must be able to recognize signs of heat exhaustion and have a quick channel to report any discomfort. Company medical services must consider specific screenings for vulnerable groups (elderly, pregnant women, pre-existing conditions).
5. Suspension procedure
If the work involves a risk serious and imminent If management fails to act, staff may cease operations without penalty or salary reduction, as provided for in Article 21 of the Occupational Risk Prevention Act.
Sanctions and responsibilities
-
Administrative fine
Serious: €2,451 – €49,810 • Very serious: €49,181 – €983,736. -
Benefit surcharge
Between 30 % and 50 % if the INSS classifies the heat stroke accident as a lack of preventive measures. -
Civil and criminal liability
Compensation for damages and, in extreme cases, possible crimes against worker safety.
Next steps for companies
- Update the risk assessment before July.
- Inform staff in writing of the new procedures and notification channels.
- Coordinate with contractors and subcontractors: this obligation extends to the entire chain of activity.
- Record the measures taken—rescheduled hours, first-aid kits, equipment delivered—to demonstrate diligence during an inspection visit.
ConclusionHeat waves are no longer a one-time phenomenon but a structural risk factor. Planning ahead with a well-documented protocol is not only mandatory but also the best way to avoid production stoppages, serious accidents, and penalties that could jeopardize the company's economic viability.
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