Can Spain’s bars keep terraces open during a heatwave? What the rules say

by Lorraine Williamson
Spain terrace heatwave rules

As Spain moves through its first heatwave of the summer, a practical question is returning to bars, restaurants and beach cafés: can terrace staff still be expected to work outside in extreme heat?

The answer is not as simple as saying terraces must automatically close. But it is also not true that businesses can ignore the risk if the terrace is busy.

Spain’s workplace heat rules require employers to protect people working outdoors or in places that cannot be fully enclosed from risks linked to adverse weather, including extreme temperatures. When official weather warnings reach orange or red level and ordinary preventive measures are not enough, employers may have to adapt working conditions, reduce exposure, change hours or stop certain outdoor tasks. 

For hospitality, that matters because terraces, outdoor service, delivery work and some kitchen areas can become high-risk workplaces during heatwaves.

It is not only about whether the terrace is open

The key issue is not whether customers are sitting outside. It is whether workers can do their job safely.

A waiter serving a terrace may not stand in full sun all day, but they may still be repeatedly exposed to heat while carrying trays, walking between tables, clearing glasses, moving furniture, handling payments, serving food and returning inside.

That kind of repeated exposure can become dangerous during a heatwave, especially if the terrace is large, has poor shade, is very busy, or the worker has little chance to cool down between trips.

The National Institute for Safety and Health at Work, INSST, says preventive measures for outdoor work can include changing schedules, reducing exposure to heat or solar radiation, and even temporarily stopping certain tasks where necessary. 

That means employers need to look at the real job, not just the temperature on a weather app.

Orange and red alerts are the key trigger

The rule most people are talking about comes from Spain’s 2023 reform on outdoor working conditions.

It says that when work is carried out outdoors or in workplaces that cannot be closed due to the activity, employers must take adequate measures to protect workers from meteorological risks, including extreme temperatures. These measures must come from the occupational risk assessment and also consider the worker’s personal characteristics or known biological condition.  

The same rule says that if AEMET, or the relevant regional weather service, issues an orange or red warning and previous preventive measures do not guarantee worker protection, working conditions must be adapted. That can include reducing or changing working hours.

So, for hospitality terraces, the important point is this: an orange or red alert does not automatically mean every terrace in Spain must close. But it does mean the employer must take the risk seriously and adapt the work if staff cannot be protected.

What could a bar or restaurant do?

Preventive measures could include several practical changes.

A bar may provide proper shade over the whole working area, not just customer tables. It may use fans or misting systems where safe, provide easy access to cold drinking water, rotate staff more often, reduce the number of terrace tables, move more service indoors during peak heat, allow extra cool-down breaks, or change outdoor service times.

Staff may also need lighter, breathable uniforms, sun protection, proper breaks in an air-conditioned area and clear instructions on what to do if they feel dizzy, weak, nauseous or unwell.

Cooling fans and misting systems can help, especially in shaded and well-ventilated areas. But they are not a magic solution.

If the air is extremely hot, if the worker is constantly walking in direct sunlight, or if humidity is high, a fan may not be enough to prevent heat stress. Misting systems can also create practical issues if they are poorly maintained, make floors slippery, or are used around electrical equipment.

The real question is not whether a business has “done something”. It is whether the measures actually reduce the risk.

Why “they can go inside” may not be enough

Many bar and restaurant staff move between indoor and outdoor areas. That can help, especially if the indoor space is air-conditioned.

But “they can go back inside” may not be enough if the work still means repeated exposure to high temperatures, constant walking, carrying trays, working through the hottest part of the day or serving a large terrace without enough staff.

In a small shaded terrace with short outdoor trips, cold water, rotation and a cool indoor area, the risk may be manageable.

In a large exposed terrace with little shade, heavy service and an orange or red heat alert, the same answer may not apply.

That is why the risk assessment matters. The employer has to consider the real conditions of the workplace, the real tasks being done, and the real exposure faced by staff.

Hospitality sector faces new pressure

The issue has become more visible because Spain’s hospitality sector is now facing stronger pressure to include climate risks in workplace prevention plans.

The VI Acuerdo Laboral Estatal de Hostelería, the national labour agreement for the hospitality sector, was published in the BOE in 2023 and has since been discussed in relation to heat, terraces and climate-related risks. 

Spanish labour and legal commentators have also pointed out that hospitality businesses need to identify exposed jobs, including terrace service, kitchens and outdoor delivery work, and adapt activity during official weather alerts where there is serious risk to health

Some headlines have suggested terraces will simply have to close in extreme heat. That is too blunt. The more accurate reading is that businesses must protect staff, and if they cannot do so through prevention measures, outdoor work may need to be reduced, reorganised or suspended.

Heat risk is not just discomfort

For workers, extreme heat is not only uncomfortable. It can affect concentration, strength, balance and judgement. INSST warns that heat and solar radiation can cause dehydration, exhaustion, heatstroke, burns and damage to the skin and eyes. 

That matters in hospitality because staff are often carrying trays, handling glass, moving quickly between tables, working near hot surfaces or dealing with crowded spaces.

A dizzy or exhausted worker is more likely to fall, drop something, misjudge a step, make a driving mistake after work, or miss the early signs of heat illness. Heat risk is also not the same for everyone. Age, medication, pregnancy, health conditions, previous heat illness and physical workload can all make a person more vulnerable.

Spain’s workplace rule specifically says preventive measures must consider personal characteristics or known biological conditions of workers. 

What workers should know

Workers who feel dizzy, weak, confused, nauseous, unusually tired, or unable to cool down should not be expected to simply “push through”. They should report symptoms immediately and move to a cooler area. If someone appears seriously unwell, emergency services should be called on 112.

Staff should also be told what measures are in place during heat alerts. That includes where they can rest, how often they can take water breaks, who decides when outdoor service is reduced, and what happens if they feel unsafe.

The law does not rely on common sense alone. It requires prevention.

What customers should understand

Customers also have a role, even if the legal duty sits with the employer.

During a heatwave, terrace service may be slower. Some tables may not be available. Staff may need to step inside more often, take water breaks or rotate duties. That should not be treated as poor service. It may be part of keeping people safe.

Spain’s bar and terrace culture is part of daily life, especially in summer. But the climate in which that culture operates is changing. A midday terrace in 40C heat is not the same workplace it was 20 years ago.

A heatwave test for Spain’s terrace culture

This issue is likely to return each summer.

Spain depends heavily on hospitality, tourism and outdoor social life. Terraces are part of the country’s identity and economy. But extreme heat is forcing businesses, workers and customers to rethink what is reasonable during the hottest hours.

The law does not say every terrace must close as soon as temperatures rise. It says workers must be protected.

If shade, cooling, water, rotation, breaks and changed duties are enough, terrace service may continue. If they are not enough, outdoor work has to change.

That is the real test for Spain’s bars and restaurants during a heatwave: not whether the terrace looks normal, but whether the people serving it are safe.

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