Heatwave in Spain: what businesses need to know

Every summer, heatwaves once again bring to the forefront an issue that goes beyond the weather itself: protecting the health of employees.

This year, the Ministry of Labour has also announced a new information campaign aimed at thousands of companies in particularly exposed sectors, such as construction and agriculture, to remind them of their legal obligations during periods of high temperatures.

However, protection against extreme heat is not merely a response to a Labour Inspectorate campaign, nor is it a temporary recommendation. Since the reform introduced in 2023, Spanish regulations have established specific obligations for companies whenever weather conditions may pose a risk to employees’ health and safety.

What obligations does a company have during a heatwave?

Companies have a legal obligation to protect employees from the risks associated with high temperatures whenever these may affect their health and safety.

This means assessing the specific risks associated with heat, implementing appropriate preventive measures and, where necessary, adapting the organisation of work. In certain circumstances, particularly when orange or red weather warnings are in place and safe working conditions cannot be guaranteed through other preventive measures, the company may be required to modify working hours, reorganise tasks or even temporarily suspend certain activities.

Preventing the risks associated with extreme heat should not be regarded as a one-off action taken only when a heatwave occurs. It must form part of the company’s standard preventive planning and risk assessment procedures.

Organisations that need to review their procedures or adapt their protocols can rely on our employment advisory services, particularly where activities are exposed to adverse weather conditions.

The obligation to protect employees from heat

The Spanish Occupational Risk Prevention Act requires employers to provide effective protection for employees’ health and safety. This duty is particularly relevant when work is carried out outdoors or in locations where the temperature cannot be adequately controlled.

The amendment to Royal Decree 486/1997, introduced by Royal Decree-Law 4/2023, expressly strengthened this obligation by requiring companies to adopt preventive measures against any risks arising from adverse weather conditions, including extreme temperatures.

There is no single measure that applies to every company. The response must always be based on a specific risk assessment that takes into account factors including:

• The characteristics of the job.
• The intensity of the physical effort required.
• The duration of exposure to heat.
• The environmental conditions of the workplace.
• The personal circumstances or known biological condition of particularly vulnerable employees.

In other words, the company must assess the specific risk and adopt the preventive measures appropriate to the activity concerned.

What should a company do during a heatwave? Practical summary

Situation	Action required from the company
Outdoor work	Assess heat-related risks and adopt specific preventive measures
Prolonged exposure to the sun	Reorganise tasks and limit exposure during the highest-risk hours
Orange or red warning	Immediately review the preventive measures already in place
Particularly vulnerable employees	Apply enhanced protective measures
Risk cannot be controlled	Adapt working hours, reorganise operations or suspend certain tasks
Serious risk affecting travel	Consider granting paid leave where applicable

In addition to meeting legal obligations, appropriate preventive management helps reduce workplace accidents, improve employee wellbeing and minimise operational disruptions.

What measures may be necessary?

The measures required will depend on the circumstances, but regulations and preventive practice provide for measures including:

• Reorganising the working day to avoid the hours of greatest heat exposure.
• Changing starting and finishing times.
• Introducing regular breaks in cool or shaded areas.
• Providing drinking water and ensuring adequate hydration.
• Providing suitable work clothing and protective equipment against solar radiation.
• Adapting certain tasks to reduce physical exertion.
• Strengthening health monitoring for particularly vulnerable employees.
• Training and informing employees about the risks associated with heat stress and the symptoms of possible heatstroke.

These measures must be incorporated into the company’s preventive planning and should not be improvised only when a heatwave occurs.

Practical examples of adapting business operations

The specific application of preventive measures will always depend on the risk assessment. However, the following examples illustrate how a company may respond during episodes of extreme heat.

Construction company

A construction company whose employees are continuously exposed to the sun may bring forward the start of the working day, increase breaks in shaded areas and postpone certain physically demanding tasks during the highest-risk hours.

Logistics company

In delivery or transport activities, it may be advisable to reorganise routes, increase rest periods and strengthen hydration protocols in order to minimise the effects of heat stress.

Industrial company

Where certain production areas reach high temperatures, the company may redistribute tasks, reduce continuous exposure or increase recovery periods between particularly demanding activities.

Offices and indoor workplaces

Although these obligations are commonly associated with outdoor work, risks may also arise in indoor spaces where suitable thermal conditions cannot be maintained. In such cases, the risk must also be assessed and the appropriate measures adopted.

When is it compulsory to modify the working day?

One of the most significant changes introduced by the regulations is that, when the Spanish State Meteorological Agency (AEMET) or the relevant regional authority issues an orange or red warning for adverse weather conditions, employers’ obligations become more stringent.

If standard preventive measures do not guarantee employees’ health and safety, the company is required to adapt working conditions, which may involve:

• Reducing working hours.
• Changing the work schedule.
• Reorganising activities.
• Even suspending certain tasks during the highest-risk hours.

Weather warnings are therefore not merely recommendations. When the circumstances established by law arise, they may trigger specific legal obligations for the company.

 

I would like more information

 

The prohibition of certain tasks

In situations involving the greatest risk, the regulations expressly provide that certain tasks may not be carried out during the hours of maximum exposure to heat where employees cannot be adequately protected through other preventive measures.

This provision is particularly relevant to activities such as:

• Construction.
• Agriculture.
• Gardening.
• Street cleaning.
• Infrastructure maintenance.
• Logistics.
• Any other activity carried out outdoors or in spaces where the temperature cannot be controlled.

The key issue is not whether a specific temperature is reached, but whether the risk can be eliminated or reduced to acceptable levels through preventive measures.

Paid leave in cases of serious and imminent risk

Another recent development is the introduction of the so-called climate leave.

The regulations recognise the right to up to four days of paid leave when, as a result of an adverse weather event or another situation involving serious and imminent risk, it is impossible to reach the workplace or travel safely.

However, this measure should not be interpreted too broadly. The leave is not automatically triggered simply because a heatwave is taking place. For it to apply, the legal requirements must be met, including the existence of an objective situation of serious risk or travel restrictions or prohibitions imposed by the competent authorities, as well as the impossibility of carrying out the work, including remotely where remote working is possible.

The Labour Inspectorate is increasing its monitoring activity

Protection against extreme heat has become a priority for the Labour Inspectorate.

The Ministry of Labour has announced that it will send information notices to more than one hundred thousand companies in particularly exposed sectors to remind them of their preventive obligations.

In addition, during campaigns carried out over recent summers, the Inspectorate has conducted thousands of inspections relating to environmental working conditions, imposing penalties in cases where companies had failed to assess the risks properly or implement effective preventive measures.

Recent case law has also reinforced employers’ obligation to carry out specific risk assessments for heat stress and adapt working conditions whenever circumstances require it.

This area is closely connected to other employment obligations that we regularly address through our employment advisory services.

What liability may a company incur if it fails to act?

Protection against extreme temperatures forms part of companies’ general occupational risk prevention obligations.

Where a company fails to properly assess the risks associated with heat or does not implement sufficient preventive measures, it may face inspections and liability arising from possible regulatory breaches.

In addition to administrative consequences, inadequate management of heat-related risks may increase the likelihood of workplace accidents, sick leave and disputes concerning the protection of employees’ health.

Companies should therefore regularly review their risk assessments and update their preventive protocols before the months in which temperatures are highest.

You may also be interested in our articles on Labour inspections: how your company can avoid penalties and The new Labour Inspectorate Strategic Plan 2025–2027.

Common misconceptions to avoid

In practice, a number of incorrect interpretations of these obligations still persist.

The first is assuming that the obligations only apply to employees who work entirely outdoors. In reality, the regulations also apply to workplaces where, due to the nature of the activity, suitable thermal conditions cannot be maintained.

It is also a mistake to assume that simply providing employees with water is sufficient. Hydration is an important preventive measure, but it may not be enough if the risk assessment requires additional action.

Finally, employers should remember that their obligations do not arise only when an exceptional heatwave occurs. Preventive measures must be planned in advance and incorporated into the company’s occupational risk prevention management system.

Do you need to adapt your company’s prevention protocols?

Heatwaves are becoming increasingly frequent, and their impact on the organisation of work requires appropriate preventive planning.

Having an up-to-date risk assessment, protocols adapted to each activity and proportionate preventive measures helps protect employees and reduce legal risks for the company.

At Adlanter, we help organisations across a range of sectors comply with their employment and occupational risk prevention obligations, review their internal protocols and adapt to regulatory changes. If you have questions about the measures your company should adopt during periods of extreme heat or need to strengthen your employment compliance strategy, our team can help you.