Is it compulsory to provide complimentary water for consumption at the workplace?
German Workplace Regulations Require Employers to Provide Adequate Drinks in Hot Environments
In an effort to prevent heat-related health risks, employers in Germany are legally obligated to provide their employees with suitable drinks in hot workplaces. This requirement forms part of the employer’s duty to ensure occupational health and safety.
According to the Technical Rules for Workplaces (Arbeitsstättenregel), employers must make sufficient quantities of drinking water or other suitable beverages freely available and easily accessible to employees working under hot conditions. The regulations detailing this obligation can be found in the Technical Rules for Workplaces (ASR A3.5 “Ergonomics” and ASR A4.2 “Workplaces with Increased Temperatures”).
The key points regarding the employer’s responsibility include:
- The drinks provided should be free of charge to the employees.
- The drinks must be suitable for hydration, such as water or non-alcoholic liquids.
- The supply should be sufficient to meet employees' hydration needs due to working in the heat.
- This obligation applies especially in workplaces where temperatures are significantly increased by work processes or ambient conditions.
While the specifics of what constitutes "suitable drinks" are not detailed in the paragraph, tap water can count as suitable drinks in hot workplaces.
If the air temperature is above 30 degrees Celsius, employers must provide suitable drinks. If the temperature is above 26 degrees Celsius, employers should provide suitable drinks. However, the regulations do not specify any penalties for non-compliance with these regulations.
The obligation for free drinks at the workplace can be implied through a company practice or a works agreement. A company practice is established when an employer repeatedly and without reservation provides food for employees for a longer period, usually several years. The obligation for free drinks at the workplace can also arise from a works agreement with the works council, according to Peter Meyer, a specialist lawyer for labor law and a member of the managing committee of the Working Group on Labor Law in the German Bar Association (DAV).
In hot workplaces, employees need enough drinks to stay productive and focused. The obligation for free drinks at the workplace may be subject to the specifics of a company or works agreement. Employers are not legally required to provide mineral water or coffee at the workplace at their own expense.
This requirement is part of the German Ordinance on Industrial Safety and Health and is recognized internationally. None of the search results contradict this understanding or provide additional updates that supersede it.
- To ensure workplace wellness and health-and-wellness during hot work conditions, employers in Germany must provide suitable drinks such as water or non-alcoholic beverages free of charge, following the requirements outlined in the Technical Rules for Workplaces.
- The science of occupational health and safety also emphasizes that appropriate hydration is essential for employees' productivity and focus, thus, employers must prioritize workplace-wellness and health-and-wellness by ensuring a sufficient supply of suitable beverages in hot environments.
