"Our work place is an open plan office and I am having constant complaints about the air conditioning settings, with one employee saying they are too cold and another insisting on turning it on because they are too hot. How do I handle it?

David McCarroll writes:

Ah yes, welcome to every open plan office in the country and the never ending conundrum of air conditioning!

There are a number of issues to be aware of in considering this scenario.

There are Regulations governing the issue of office temperature, ventilation and, indeed, the general physical environment in a workplace - the Safety, Health and Welfare at Work (General Application) Regulations 2007.

These Regulations were introduced pursuant to the Safety, Health and Welfare at Work Act, 2005 and came into effect in November 2007. They brought together and greatly simplified an area of health and safety that had previously been governed by a raft of different legislative provisions. So, if there is an issue about the work place environment, these are the generally the Regulations to look to.

It should be noted, that the Regulations are not merely some form of Code of Practice, they are very much legally binding. A breach of the Regulations can amount to an offence, and an employer can be liable on summary conviction to a fine not exceeding €3,000 (and/or to six months imprisonment) or, for series indictable offences, be liable to a fine not exceeding €3,000,000 (and/or imprisonment for a term not exceeding two years). However, before you get out the cheque book and write a cheque for three million euro, let's see what they say regarding ventilation and temperature for the general office.


1. Ventilation 

Regulation 6 deals with ventilation. An employer is obliged to ensure that sufficient fresh air is provided in enclosed places of work, having regard to the working methods used and the physical demands placed on the employees. In an office environment that does not amount to an obligation to install air conditioning.

It will depend on the practical factors that might affect ventilation, such as the size and design of the building, the number of workers, the type of work and whether any equipment within the office is generating heat or dry air. A window could suffice in the right circumstances.

If an air conditioning system is used there is an obligation to maintain it in working order and, furthermore, an obligation to ensure they operate in such a way that employees are not exposed to draughts which cause discomfort. The HSA Guidelines to the Regulations recognise that the sensation of draughts is related to many factors, including air speed and temperature, a person’s activity and level of clothing, the location of their workstation and indeed the sensitivity of the individual concerned.


2. Temperature 

Regulation 6 deals with minimum temperatures for indoor sedentary work (although sets no specific maximum temperature). It obliges employers to ensure the following:

(a) during working hours, the temperature in rooms containing workstations is appropriate for human beings, having regard to the working methods being used and the physical demands placed on the employees,

(b) for sedentary office work, a minimum temperature of 17.5°C, so far as is reasonably practicable, is achieved and maintained at every workstation after the first hour’s work,

(c) for other sedentary work, at every workstation where a substantial proportion of the work is done sitting and does not involve serious physical effort, a minimum temperature of 16°C is, so far as is reasonably practicable, achieved and maintained after the first hour’s work.

Remember, these are minimum temperatures and nippy enough at that! It can be warmer but not to the point of being uncomfortable, giving rise to a safety risk or hazard. The HSA suggest that for most people an acceptable temperature for office work lies within the range of 18 to 23°C. Most air conditioning systems will allow you to set minimum and maximum levels whilst in use

The temperature in other areas, such as rest areas, sanitary facilities, canteens and first-aid rooms must be appropriate to the particular purpose of such areas. Workers are also entitled to have some means readily available to them to measure the temperature in any workplace inside a building, i.e. a thermometer of some sort.

The Regulations are quite practical and even provide for steps to be taken to ensure the prevention of excessive build-up of temperature at workstations from excessive sunlight.

So these are areas you could look at to try and resolve the tug of war that is office air conditioning.

The only avenue open to an aggrieved employee would be an internal grievance (which might resolve more trivial issues), a general complaint to the Health & Safety Authority (which in serious cases, such as a dangerously faulty ventilation system, could result in an inspection) or a potential penalisation claim under section 28 of the Safety Health & Welfare at Work Act, 2005 (were penalisation to arise). Remember these are statutory obligations and are enforceable by law through the Health & Safety Authority and they also form part of an employer's general duty of care to their employees.