"What occasions lead to non-compliance with dress standards?"
In the midst of soaring temperatures, employers are tasked with maintaining a delicate balance between enforcing dress codes for safety, professionalism, and ensuring the health and well-being of their employees. A recent statement by Nathalie Oberthür, a specialist lawyer for employment law and chairwoman of the employment law committee of the German Bar Association (DAV), reinforces this need for balance.
Oberthür's statement does not alter the legal requirement for protective work clothing in hazardous situations. However, it does highlight the importance of employers adjusting or loosening clothing regulations in extreme heat conditions to protect workers’ health and safety.
Employers can require employees to wear prescribed clothing even in extreme weather conditions when safety, health, or professional standards mandate it. But, they are expected to make reasonable accommodations to protect employee health during such conditions.
For instance, formal wear requirements such as jackets or ties may be relaxed, allowing employees to wear lighter-colored or breathable fabrics. Health and safety-related clothing rules, such as appropriate footwear or personal protective equipment (PPE) for hazardous work, must be maintained, even in extreme temperatures.
Heat stress procedures, including training supervisors to recognize heat-related illness, establishing emergency protocols, and ensuring access to water, rest, and shade, are also crucial. In some jurisdictions, work practices may be adjusted or suspended at certain temperature thresholds to protect employees.
Following specific safety standards that mandate certain protective clothing regardless of weather is also essential. For example, OSHA requires high-visibility safety vests for workers exposed to traffic hazards, and arc-rated protective clothing must be worn as required despite weather conditions.
It's important to note that any changes to simple work clothing in extreme heat should only be made with the agreement of the supervisor. Simple work clothing, prescribed by the employer for operational reasons such as standardizing appearance, should not be arbitrarily removed by employees.
In conclusion, while employers have the right to enforce dress codes for safety and professionalism, they must balance this with reasonable accommodations to protect employee health during extreme weather. This can be achieved through clothing modifications, work condition adjustments, and adherence to applicable safety regulations and heat illness prevention protocols.
- Employers should consider adjusting or loosening dress codes related to workwear in extreme heat conditions to prioritize workplace-wellness and health-and-safety, as highlighted by Nathalie Oberthür.
- In situations where high temperatures pose a risk to employee health, management can promote health-and-wellness by modifying work clothing requirements, emphasizing breathable fabrics, while ensuring compliance with safety regulations and protective equipment.
