Application of the Principles of Subsidiarity and Proportionality – Case Study: Extreme Temperature and Occupational Safety & Health

Published: 26 October 2026 

Authors (in alphabetical order): 

José Luis Gil y Gil, Professor of Labour Law at the University of Alcalá 

Lourdes Mella Méndez, Professor of Labour Law at the University of Santiago de Compostela 

This EEI legal study examines the application of the EU principles of subsidiarity and proportionality to occupational safety and health (OSH) risks arising from extreme temperatures. 

The study assesses whether the existing EU legal framework adequately addresses workplace risks associated with extreme heat and cold and examines the legal considerations surrounding further EU action. 

Its central finding is that the existing EU OSH framework, particularly Directive 89/391/EEC and its related directives, already establishes comprehensive obligations for assessing and preventing temperature-related workplace risks. 

The analysis highlights the diversity of climatic conditions, geographical circumstances, economic sectors and national regulatory approaches across Member States. It examines the implications of these differences for the necessity, added value and proportionality of further EU measures.

The study concludes by emphasising the importance of effective implementation and enforcement of existing legislation, complemented by technical guidance, the exchange of good practices and research.