The Decree was published on 27 May 2025 and reflects the intentions of the French government for increasingly frequent and intense heatwaves to form an integral part of the risk assessment and prevention measures that must be taken by employers. The new set of obligations are set to come into force on 1 July 2025. With summer now well and truly here, we summarise what employers need to know.
The Decree is set to adapt existing regulations in France relating to heat-related risks at work and the associated obligations on employers.
- Temperature of premises: The French Labour Code previously stipulated that enclosed workplaces must be heated during the ‘cold season’. Under the new framework, the law now states that enclosed workplaces must be maintained at a temperature appropriate to the activity of the workers and the environment in which they work, whatever the season.
- Outdoor workstations: Outdoor workstations must in all cases be arranged in such a way that workers are protected from the effects of atmospheric conditions.
- Provision of water: Employers must provide workers with fresh drinking water, not only to quench their thirst, but also to refresh themselves. If it is impossible to provide running water – and only in this situation – a minimum three litres of water per day per worker must be made available.
- Personal protective equipment: Employers must now take account of atmospheric conditions when establishing conditions for the provision and use of personal protective equipment, particularly as regards the length of time it must be worn.
With the new Decree, employers must now assess the risks associated with exposing workers to episodes of intense heat, whether indoors or outdoors. An ‘episode of intense heat’ is defined as reaching the threshold of the yellow, orange or red vigilance levels set by Météo-France (the official French meteorological administration). Where the assessment identifies a risk to workers’ health or safety, the employer must define the necessary preventive measures or actions.
Reducing the risks associated with exposure to intense heat may include the following:
- The implementation of work processes which do not require exposure to heat or which require less exposure.
- Modifying the layout and design of workplaces and workstations.
- Adapting the organisation of work, and in particular working hours, to limit the duration and intensity of exposure and to provide rest periods.
- Using technical means to reduce solar radiation on exposed surfaces, for example by damping or insulation, or to prevent the accumulation of heat in premises or at workstations.
- Increasing, as far as necessary, the amount of fresh drinking water made available to workers.
- Selecting appropriate work equipment to maintain a stable body temperature, taking into account the work to be carried out.
- Providing personal protective equipment to limit or compensate for the effects of high temperatures or to protect against the effects of direct or diffuse solar radiation.
- Providing appropriate information and training for workers on what to do in the event of high heat and also on the correct use of work equipment and personal protective equipment to reduce their exposure to heat to as low a level as is technically possible.
In the event of an episode of intense heat, employers must provide an adequate quantity of fresh drinking water. The employer must provide a means of keeping water intended for drinking cool throughout the working day, close to workstations, particularly for outdoor workstations.
Where an employer is informed that a worker is particularly vulnerable to the risks associated with exposure to episodes of intense heat, for reasons relating in particular to their age or health, the employer must, in coordination with the occupational health and prevention service, adapt preventive measures to ensure the vulnerable employee’s health is protected.
Finally, the employer must establish procedures for reporting any appearance of worrying physiological signs, or any situation of discomfort or distress, as well as procedures for providing assistance, as quickly as possible, to any worker, particularly isolated or remote workers.
The current forecast across France looks hot with temperatures regularly reaching the high 20s / early 30s (°C) over the coming weeks. It is imperative that employers with operations in France are fully aware of the new obligations that apply under the Decree, and they comply with the same. In particular, employers must do as follows:
- Workplace adaptations and protections: Employers must adapt work processes, schedules, and environments to reduce heat exposure, ensure access to cool drinking water, and provide suitable PPE and training.
- Mandatory heat risk assessments: Employers must assess and document risks related to intense heat in their occupational risk assessments and implement appropriate preventive measures.
- Special measures for vulnerable workers: Employers must tailor protections for workers identified as vulnerable due to age or health, and establish procedures for reporting and responding to heat-related health issues.