Their being outside in 40 degrees is what you take issue with?
I'm on board that they shouldn't be sitting on buckets. Barring a last-minute urgent type situation, there's no reason they shouldn't have better seating available. But being outside in 40-degree weather? EVen to eat? Not negligence. Our school has their snack time outside in the afternoons. They tie it in with the second recess. I believe it has to be below 32 before they're not allowed to go outside for recess due to cold. I'm totally good with this, and honestly would be fine with it continuing post-pandemic. They've also had optional outdoor seating for lunch all year - note, optional. I'm also fine with that continuing post-pandemic (but they have actual chairs/surfaces...not buckets).