Heat Protection Ordinance: Review period expired

The consultation period for the draft of a new heat protection regulation expired on 20 August 2025. 

The consultation period for the draft of a new heat protection regulation expired on 20 August 2025. Whether and to what extent the draft will be amended is currently unclear. According to the current draft regulation, the new regulation is scheduled to come into force on 1 January 2026. The aim of the planned Heat Protection Ordinance is to better protect employees who work outdoors from heat and natural UV radiation. The draft ordinance obliges employers to take comprehensive protective measures as soon as a heat warning of level 2 or higher is issued by Geosphere Austria.

Obligations for employers

At the heart of the draft regulation is the obligation to carry out a risk assessment. This assessment must evaluate factors such as heat, UV radiation, work intensity and the duration of exposure. Based on this assessment, appropriate protective measures are to be put in place, including, for example: 

  • shifting working hours
  • technical measures such as shading or cooling
  • organisational measures such as changing tasks or acclimatisation
  • personal measures such as UV protective clothing, sunscreen or adequate fluid intake

According to the draft regulation, the measures must be documented and made available to all employees and the labour inspectorate.

Special requirements for machines and containers

The draft regulation sets out additional requirements for certain working environments: Sick bays must have cooling facilities in future, and air conditioning will be mandatory for self-propelled machines with cabs. Rest rooms in containers or similar facilities must be equipped to prevent excessive heating. Transition periods until June 2027 are planned.

Instruction and sanctions

The draft regulation obliges employers to regularly inform their employees about the risks posed by heat and UV radiation and about protective measures. Depending on the provision, violations of the regulation are subject to various administrative penalties in accordance with the Employee Protection Act.

Conclusion

The consultation period for the draft of a new heat protection regulation expired on 20 August 2025. It remains to be seen whether and what changes will be made to the content. Companies should familiarise themselves with the new requirements at an early stage.

If you have any questions about the planned regulation or its implementation in your company, the KWR Employment Law team will be happy to assist you.

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