Heat free

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Heat-free , also called heat holidays , denotes the absence of school hours and the shortening of working hours when outside temperatures are high.

Some schools have what is known as a heat plan . This stipulates the circumstances under which lessons are shortened, i.e. from 45 to 30 minutes or a double lesson to one lesson, and when lessons are completely canceled.

General

The announcement of heat-free usually presupposes that a certain outside temperature has been reached or exceeded at a certain point in time on a shaded thermometer , or that the room temperature has reached a limit value.

Rules could be for example:

  • If the thermometer shows more than a certain value during a break, then the heat must be released from the end of the next hour.
  • When the internal thermometer of a flat roof - workshop mornings at some point reaches a threshold temperature or above, then the ends early shift early, and the late shift starts late.

The latter could be agreed as part of a works agreement between the employer and the works council in order to avoid production downtime due to heat load for employees or damage to temperature-sensitive materials or machines, or to avoid installing air conditioning. Or it can be the result of a negotiation between the employer and occupational health and safety institutions, e.g. B. if circulatory collapses occurred several times as a result of heat (improvement or maintenance of occupational safety ).

history

Decree of the Ministry of Spiritual, Educational and Medical Matters of June 16, 1892 about the cancellation of afternoon classes due to extreme heat

Heat-free from school lessons was not invented by Adolf Baginsky , as is often claimed, but at least he made it a doctrinal opinion. In fact, Wärmefrei can be traced back to a Prussian ministerial decree of June 16, 1892 by the Prussian minister of education Robert Bosse .

Legal position

Germany

At work

According to Section 5 of the Occupational Safety and Health Act , "[the] employer [...] has to determine which occupational safety measures are required by assessing the risk to employees associated with their work." (Paragraph 1) According to Section 3 Paragraph 1 of the Workplace Ordinance " […] The employer must first determine whether the employees are or could be exposed to hazards when setting up and operating workplaces. If this is the case, he has to assess all possible risks to the safety and health of the employees and take into account the effects of the work organization and the work processes in the workplace. When assessing the risk, he must take into account the physical and psychological stresses and, in the case of computer workstations, in particular the eye stress or the risk to the eyesight of the employees. In accordance with the result of the risk assessment, the employer must define measures to protect employees in accordance with the provisions "of the Workplace Ordinance" including its annex according to the state of the art, occupational medicine and hygiene. Other reliable ergonomic findings are to be taken into account. "Number 3.5 of this annex contains the following regulations on room temperature:

“(1) Work rooms in which, from an operational point of view, no specific requirements are placed on the room temperature, must have a room temperature that is conducive to health during the period of use, taking into account the work processes and the physical stress on the employees.
(2) Sanitary, break and standby rooms, canteens, first aid rooms and accommodation must have a room temperature that is conducive to health during the period of use, taking into account the specific purpose of use.
(3) Windows, skylights and glass walls must enable shielding against excessive solar radiation, taking into account the work processes and the type of work site. "

These requirements of the Workplace Ordinance are replaced by the Technical Rules for Workplaces (ASR) A3.5 - Room Temperature Edition: June 2010 (GMBl 2010, p. 751, most recently published by the Federal Ministry of Labor and Social Affairs in accordance with Section 7 (4 ) of the Workplace Ordinance ) in the Joint Ministerial Gazette changed GMBl 2018, p. 474). This regulates, among other things:

  • "A room temperature that is beneficial to health exists when the heat balance (heat supply, heat generation and heat emission) of the human body is balanced." (Point 4.1, Paragraph 2)
  • “How people generate heat depends on the degree of workload. The heat release depends on the air temperature, the humidity, the air speed and the heat radiation. It is influenced by clothing. "(Point 4.1 Paragraph 3)
  • "When setting up the workplace, the employer must ensure that the structural requirements for summer thermal insulation are in accordance with the recognized rules of technology (according to applicable building law)." (Point 4.1, Paragraph 1)
  • “If solar radiation through windows, skylights and glass walls increases the room temperature to over +26 ° C, these components must be equipped with suitable sun protection systems. Disturbing direct sunlight on the workplace is to be avoided. "(Point 4.3 Paragraph 2 Sentences 1 to 2)
  • "The air temperature is measured with a radiation-protected thermometer in degrees Celsius [° C], the accuracy of which should be +/- 0.5 ° C. The measurement is carried out hourly at workplaces for seated work at a height of 0.6 m and for standing work at a height of 1.1 m above the floor. The outside air temperature is measured every hour during working hours without exposure to direct sunlight. The outside air temperature should be about 4 m away from the building's outer wall and measured at a height of 2 m. "(Point 4.1, Paragraph 6)

"If the outside air temperature is above +26 ° C and provided that suitable sun protection measures" (see above) are used, ASR A3.5 provides for a 3-stage concept when the air temperature in the room exceeds +26 ° C. If the air temperature in the room exceeds +26 ° C, the employer should take additional measures, for example relaxing the clothing regulations or providing drinking water. Such measures must be taken if the air temperature in the room exceeds +30 ° C. Rooms with an air temperature of over +35 ° C are not suitable as work rooms for the period of exceeding without technical or organizational measures or personal protective equipment.

In addition, the provisions of ASR A1.5 / 1,2 floors (surface temperature of the floor - protection against heat dissipation or heat input - point 7 paragraph 1) and ASR A3.6 ventilation (air temperature-dependent maximum relative humidity for operational or work-related moisture loads) are also applicable in the work room - point 4.3 paragraphs 3 to 4) to be observed.

Earlier legal situation

Until August 2004, Section 6 of the Workplace Ordinance stated : “During working hours, work rooms must have a room temperature that is conducive to health, taking into account the work processes and the physical strain on the workers. [...] It must be ensured that the employees are not exposed to any unsuitable temperature conditions through heating devices. […] Areas of workplaces that are exposed to strong heat must be cooled to a beneficial temperature as far as possible. ”This provision has been deleted without replacement.

The Workplace Directive (ASR) A 3.5, which has replaced ASR 6.1, has been in force since June 23, 2010. It has been changed several times since then.

At schools

There are decrees for schools in some countries .

In Baden-Württemberg, the school principals are currently free to choose their school. Before 1975, the following rule applied:

"When the thermometer climbed over 25 degrees in the shade at 10 o'clock, then the headmaster could decide whether there was no heat."

In Hesse the current regulation is:

"On days when lessons are significantly impaired by high temperatures in the school building, the following measures can be used to address a particular stress situation for the pupils of general education schools in the elementary level and the intermediate level (secondary level I):

1. Implementation of alternative forms of teaching such as teaching at other learning locations or project-related teaching instead of the regular teaching.

2. Refrain from homework.

3. End of the lesson after the fifth hour. "

In Lower Saxony, the “ Organization of Lessons” circular from the Lower Saxony Ministry of Education and Culture contains, in Nos. 4.5 to 4.11, regulations on canceled lessons at high temperatures (no heat):

"4.5 For individual or all classes of schools in primary and lower secondary education, the headmaster can give heat-free if the lessons are significantly impaired by high temperatures in the classrooms and other forms of lesson design do not seem sensible.

4.6 The school transport provider must be informed immediately of the premature termination of lessons.

4.7 Parents and pupils are to be informed about the procedure in a suitable manner.

4.8 It must be ensured that pupils who have come to school in spite of the ordered cancellation are fulfilled. Even in the event of early termination of lessons, students must be supervised until they leave school. In primary education, schoolchildren may only be released home with the prior consent of their parent or guardian.

4.9 The order to cancel lessons at a vocational school does not affect the obligations of trainees from their training relationship.

4.10 Lessons that cannot be given due to the ordered cancellation of lessons are classified as minor times within the meaning of § 4 Paragraph 2 of the [Lower Saxony Ordinance on the Working Hours of Civil Servants in Public Schools (Nds. ArbZVO-Schule) v. May 14, 2012 (Nds. GVBl. P. 106; SVBl. P. 360), amended by ordinance v. July 2, 2013 (Nds. GVBl. P. 204; SVBl. P. 298)]. This does not apply if the respective teacher performs other official tasks (including supervisory and care tasks within the framework of the Reliable Elementary School) on the instructions of the school management during the canceled lessons.

4.11 In the case of severely disabled teachers, the provisions of the [Decision. d. LReg. "Guidelines for the equal and self-determined participation of severely disabled people and people of equal status in working life in the public service" v. November 9, 2004 - MI-15.3-03031 / 2.1 (Nds. MBl. P. 783)], in particular No. 10.2, must be observed. "

In North Rhine-Westphalia there is currently the following regulation:

“If the classrooms are very warm, the headmistress decides whether to allow heat free. The point of reference is a room temperature of more than 27 ° C. Heat-free is not permitted at temperatures below 25 ° C. In secondary education there is no heat free. "

In Rhineland-Palatinate a specific heat-free regulation was in place until December 31, 1990. Since then:

"As part of their responsibility for carrying out the educational and teaching work of the school (Section 21 of the School Act ), the school principals decide on their own responsibility whether the climatic situation in the school, in individual classrooms and subject rooms, allows lessons to be given."

In Schleswig-Holstein there was a guideline until 1998 that said that heat-free can be given if 25 degrees are reached in the shade by 11 a.m. Since then:

"In the case of exceptional weather conditions in summer, the headmistress decides within the scope of the duty of care whether and to what extent lessons can be given."

Austria

According to the Workplace Ordinance , 25 ° C is the guideline value for the indoor temperature for offices.

However, there is no legal right to “heat-free” either in the workplace or in schools. There is also no entitlement to the installation of an air conditioning system, but if there is one, it must work and the temperature and humidity limits must be observed.

Switzerland

There are no official regulations for a heat-free for schools in Switzerland. The ability to plan everyday school life is important for working parents who rely on the school to exercise their duty of supervision. In the city of Zurich there was a regulation until the 1980s, according to which the children were sent home when the temperature reached 30 degrees at 10 a.m., this was also a common law elsewhere.

See also

Individual evidence

  1. ^ Adolf Baginsky, with the support of Otto Janke: Handbuch der Schulhygiene: for use by doctors, medical officers, teachers, school boards and technicians. 3rd edition, Enke, Stuttgart 1898, p. 78 ( bbf.dipf.de )
  2. ↑ Cancellation of afternoon classes due to the heat . In: Ministry of ecclesiastical, teaching = and medical = matters (ed.): Centralblatt for the entire teaching administration in Prussia . No. 9/10 . Weidmann, Berlin 1892, p. 622 f . ( dipf.de ).
  3. ↑ Number 3.5 of the appendix Requirements and measures for workplaces according to Section 3 (1) of the Ordinance on Workplaces (Arbeitsstättenverordnung - ArbStättV) of August 12, 2004 ( Federal Law Gazette I p. 2179 ), which was last amended by Article 5 (1) of the Ordinance of 18 October 2017 ( BGBl. I p. 3584 ) has been changed.
  4. ↑ a b Technical rules for workplaces (ASR) A3.5 room temperature Edition: June 2010 (GMBl 2010, p. 751, last amended GMBl 2018, p. 474) . In: www.baua.de . Federal Institute for Occupational Safety and Health (BAuA), accessed on June 4, 2018 (PDF file [331 kB], older and possibly more recent versions of ASR A3.5 ).
  5. ↑ Technical rules for workplaces (ASR) A1.5 / 1.2 floors Edition: February 2013, last amended GMBl 2018, p. 471 . In: www.baua.de . Federal Institute for Occupational Safety and Health (BAuA), accessed on June 4, 2018 (PDF file [554 kB], older and possibly more recent versions of ASR A1.5 / 1,2 ).
  6. ↑ Technical rules for workplaces (ASR) A3.6 Ventilation Edition: January 2012, last amended GMBl 2018, p. 474 . In: www.baua.de . Federal Institute for Occupational Safety and Health (BAuA), accessed on June 4, 2018 (PDF file [290 kB], older and possibly more current versions of ASR A3.6 ).
  7. ↑ Technical rules for workplaces (ASR) A3.5 room temperature . In: www.baua.de . Federal Institute for Occupational Safety and Health (BAuA), accessed on June 4, 2018.
  8. ↑ Archived copy ( Memento from June 20, 2013 in the Internet Archive )
  9. ↑ Hessian Ministry of Culture. Other forms of teaching and cancellation of lessons in extreme heat, decree of March 18, 2015.
  10. ↑ Lower Saxony regulation on the working hours of civil servants in public schools (Lower Saxony ArbZVO school) . From May 14, 2012 (Nds. GVBl. P. 106), last amended by ordinance of 6 July 2017 (Nds. GVBl. P. 234). In: www.nds-voris.de - Lower Saxony Regulations Information System (NI-VORIS) . juris GmbH, accessed on June 6, 2018.
  11. ↑ Guidelines for the equal and self-determined participation of severely disabled people and people of equal status in working life in the public service (Schwerbehinderten conditions - SchwbRl) (Nds. MBl. 2016, p. 394). In: www.nds-voris.de - Lower Saxony Regulations Information System (NI-VORIS) . juris GmbH, accessed on June 6, 2018.
  12. ↑ No.  4. Lessons canceled in special weather conditions such as slippery roads, snow drifts, floods, storms and high temperatures (no heat) in: class organization - RdErl. D. MK v. December 20, 2013-36.3-82 000 - VORIS 22410 - (SVBl. 2014, p. 49). In: www.nds-voris.de - Lower Saxony Regulations Information System (NI-VORIS) . juris GmbH, accessed on June 4, 2018 (additional information here ).
  13. ↑ BASS 12 - 64 No. 1 heat free; RdErl. D. Ministry of Culture v. May 22, 1975 (GABl. NW. P. 345) and RdErl. V. October 23, 1984 (GABl. NW. P. 504)
  14. ^ School Ministry of North Rhine-Westphalia ( Memento from September 22, 2009 in the Internet Archive )
  15. ↑ Circular from the Ministry of Culture of April 17, 1991 942 A - Tgb.Nr. 389/91 - (Official Gazette p. 320 or GAmtsbl. P. 78), as well as administrative regulation of June 9, 1980
  16. ↑ Circular of MfBK of 27 February 1992 (Official Gazette p. 207)
  17. ↑ Section BX of the decree of May 20, 1976 (NBl. KM. Schl.-HS 160) amended by the decree of June 16, 1980 (NBl. KM. Schl.-HS 220)
  18. ↑ Cancellation of lessons due to special weather conditions Decree of the Ministry of Education, Science, Research and Culture of June 18, 1998 - III 500 - 321.11.2 - (p. 232 NBLMBWFK.Schl.-H. 1998)
  19. ↑ a b No claim to "heat-free". ORF Upper Austria, July 16, 2007, accessed on December 22, 2009 .
  20. ↑ a b APA , cit. n. Austria: "The right to be heat-free does not exist". In: Panorama → Austria. die Presse .com, July 14, 2009, accessed December 23, 2009 .
  21. ↑ Florian Schoop: No heat? Are you kidding me? Are you serious when you say that! in: NZZ , July 4, 2015, p. 34