Given the high temperatures recorded in recent months and which are felt more intensely during the summer, it is very important to observe the current relevant provisions in relation to work and exposure to heat.

In this regard, the main applicable regulations in work establishments of mandatory compliance for the employer and its workers derive from Decree No. 14,390/92, “General Technical Regulations for Safety, Hygiene and Medicine at Work” are as follows.

All workers shall be duly protected against direct and excessive heat radiation, and in no case should they exceed the maximum values allowed for heat exposure. To this end, the following work scale must be considered in advance:

• Light work: Performed sitting or standing while controlling machines, which implies light work with the hands and/or arms.
• Moderate work: Performed while standing in motion, in front of the machine or counter.
• Heavy work: Performed standing, intermittently, with body efforts, such as stretching, pushing or digging.
• Continuous work: Performed in an 8-hour day, with a break (or rest) for food and rest of 1 hour.

Important note: Rest shall be deemed as the times that the worker remains exposed to temperatures lower than those indicated in the reference table.

According to the assessment of the work, workers are prohibited from continuing their work when their internal body temperature exceeds 38°C (Degrees Celsius).

Supplies

Workers exposed to high temperatures shall be provided with drinking water in such a way that they are encouraged to drink frequently. The water must be cold and close to the workplace.

Unless medically prescribed and always observing health care, the rule states that on very hot days, workers must be encouraged to salt their food. If workers are not acclimatized, they must have water with a salt concentration of 0.1 percent (1 g of NaCl per 1 liter of water) at their disposal. The salt must be completely dissolved before distribution of the water, and the water must be kept reasonably cold.

Outfit

The heat tolerance limit values are valid if light summer clothing is worn. If special, warmer clothing is required to perform a task, heat tolerance will be reduced to lower limits. Workers exposed to high temperatures will acclimatize to their workplace and undergo periodic medical examinations.

In this sense, the employer must ensure that its workers wear appropriate clothing regarding the nature of the services they provide, as well as safety and exposure to high temperatures, in order to compensate for rest and acclimatization time to avoid health risks. They will also be subject to periodic medical examinations as set forth in MTESS Resolution No. 03/22; “Regulatory framework of the content and frequency of mandatory admission and periodic medical examinations of workers and other aspects related to occupational health and safety”.

Other provisions / Recommendations

• Whenever the work requires constant exposure to the sun, the use of appropriate hats or head coverings will be mandatory.
• Appropriate medical prevention measures must be adopted to avoid sunstroke of workers exposed to infrared radiation, providing them with drinks with salt and protecting the exposed parts of their body with heat-insulating creams.
• Exposure of pregnant women, people with underlying illnesses and minors, is prohibited in relation to outdoor work activities.
• Continuous hydration (2 to 3 liters per day or as needed)
• Ensure good air circulation within the work facilities.
• Promote care and recommendations regarding heat stroke and other situations that may arise considering high temperatures.
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It is necessary to remember that the Labor Code expressly establishes that the worker, in the provision of his professional services, will have the right to effective protection in terms of health, safety and hygiene at work. Thus, the employer must guarantee the hygiene, safety and health of workers in the performance of their work activity. For this purpose, the employer must take whatever measures are necessary, including information activities, risk prevention training and the constitution of the organization or means that are necessary.

Therefore, employers have the duty to observe due care and protection of their workers in relation to exposure to heat during days of high temperatures, in accordance with current provisions and thus avoiding situations that could harm the health of their employees.

If you have any questions or additional questions about the points discussed, please contact us the following emails:

• Maria del Pilar Callizo: pcallizo@grossbrown.com.py
• Sole Andrada: sandrada@grossbrown.com.py
• Oliver Parra: oparra@grossbrown.com.py
• Miguel Diaz: mdiaz@grossbrown.com.py