23 July 2021

A sunny summer is Scotland is a rare experience. In the current weather, spare a thought for those working outdoors where “taps aff” just is not an option.

In 2018, a group of enterprising builders in Surrey devised a plan to get around the ‘ban’ on wearing shorts on a construction site during a heatwave. The conditions on site were hot and uncomfortable, but shorts were not allowed for those working in on-site roles. The labourers, feeling somewhat aggrieved as their office-based colleagues were able to do so, hit the headlines when they arrived on site having styled a fetching array of dresses along with their company hi-vis and hard hats.

Are shorts really banned?

Firstly, there is no rule that states that shorts are banned from construction sites. However, an employer has a duty to carry out a suitable and sufficient assessment of the risks arising in their workplace and to put in place such control measures as are necessary to reduce those risks so far as is reasonably practicable by establishing a safe system of work. Provision of appropriate PPE forms a part of that and is a key line of defence in many industries, particularly in construction.

The key difference between the builders and the office workers was the working environment which formed the fundamental basis of the employer’s risk assessment and control measures implemented.

Full length trousers are usually required on building sites as part of PPE in order to protect workers’ legs from workplace injuries such as cuts, grazes, burns and splinters. Wearing shorts, or indeed skirts, would increase the risks of those injuries occurring.

But it’s sunny!

As working outdoors in sunny weather gives rise to additional risks, some control measures may be reconsidered to take account of the on-site conditions. In sunny weather, covering up on site can be a control measure to avoid the risk of additional health issues arising such as sunburn, contact dermatitis or even non-melanoma skin cancer for those working outside for extended periods. The HSE figures for 2019/20 (figures for 2020/2021 have still to be released) show that during the past year, there were an estimated 1015 new cases of skin diseases including occupational contact dermatitis, with a high incidence in the construction industry. Skin cancer is one of the most common types of cancer in the UK with approximately 147,000 new cases diagnosed each year.

Provision of sunscreen for outdoor workers in areas not covered by PPE, more regular breaks and providing water for adequate hydration throughout the day can address the risk of these additional health issues. The HSE guidance for working in hot weather can be found here:

Taps On

The colourful 2018 protest generated coverage in the tabloids and helpful discussion in industry publications. Sunny weather is not a risk we deal with too frequently in Scotland, but it should be acknowledged that it can be a significant risk factor like any other impacting upon the safety of a workplace.

The perceived unfairness in allowing some workers freedom is choosing their workplace attire and those who are required to wear PPE can be addressed by good communication between management and the workers subject to the rules. Explaining the reasoning behind the control measures in place, and the consequences of failure to implement them, during adequate training, as required by law, can prevent misunderstandings and ultimately prevent injuries.

For more information or to discuss the issues raised in this article further please contact:

Lindsay MacNeill, Associate: lmn@bto.co.uk / 0141 221 8012