Posted By Sue Hi - could anyone help me please? An employee at the cleaning company (where I work as safety advisor) works for us 40 hours per week repairing, delivering and collecting equipment and may drive as far as Wales one day and Scotland the next. The problem is he makes extra cash by working nights for a vehicle breakdown company, and although he is not working every night, he occasionally works for them during the night and then for us the next day. My concern is that he could have an accident while he was driving ‘god forbid another Selby’. The Working Time Regulations state that night time workers normally work at least 3 nights a week. Our employee works nights on a casual basis and although he may work right through the night a couple of nights a week it is not every week. I have discussed my concerns with the employee and asked if the other company provides health assessments but he said no, he is casual and as long as he gets coffee he is happy. He said no way will he stop doing the other job because as a single parent he needs extra cash. I did think about keeping a record of hours worked the previous night (if any) and then not asking him to drive for us that day if he had worked during the night, but even while he is working on the machines at the base he is having ‘lots’ of minor accidents. Due to tiredness my concern is that it might only be a matter of time before he has a serious accident. I am aware that night driving is the most hazardous time to drive especially when he is called out for an emergency or just after being woken, both of which apply to this employee. Please get in touch if you can advise me. Best Regards Sue

Posted By Andy Sue, Although this may not help with this case, what are the terms and conidtions of employment relating to second jobs. Ours state that you may work a second/third job so long as that it does not affect your employment with us. It sounds as though this is affecting his employment with you and if his accident occurs whilst in your employ...., as Zoe has already said, you are aware of his actions and the situation and may take some liability. Perhaps refresher H&S training and an interview with personnel/Occ nurse etc may be able to help advise him, should a serious accident occur he will have no work! Regards Andrew

Posted By Graham Bullough Sue - Sorry not to have responded before now because of recent workload and leave. You've raised an important topic which should be of concern to everybody in the world of work. Most people are probably unaware of or turn a blind eye to the many lowly paid employees in the UK who have two or more jobs in order to make ends meet and consequently work excessively long hours each week. Even if such people are not driving, operating machinery or doing other jobs where fatigue will put them and/or others at significant risk of injury, the long working hours and associated fatigue can make them more vulnerable to ill-health in both the short and long terms as well as adversely affecting their family and social life. As with the scenario portrayed by John Taylor in his thread of 11.7.02 about "Alcohol and Work" the crucial question for all employers and workers, irrespective of status or occupation, is whether or not workers are sufficiently fit to begin and complete each stint of work with reasonable safety and efficiency. In relation to the particular circumstances you describe my thoughts overlap with those of previous responders: The significant risk arising from working and driving over many hours should be raised with the employee involved, your employer and, if possible, with the other employer if possible. In addition to risking death or serious injury for himself and others on the road, has the employee considered that his kids face a significant chance of being orphaned or landed with a dad who is seriously injured, perhaps with permanent incapacity? Has he also considered the prospect of personal prosecution and imprisonment which befell Gary Hart after the Selby (Great Heck) disaster. As for the employers, they should be left in no doubt about the consequences of the foreseeable risk involved. These can include very awkward questions from the police, coroner, lawyers pursuing compensation claims and insurers, etc., as well as prosecution and adverse publicity. Bankruptcy could also be an outcome if insurers refuse to pay up on the grounds that the employer/s failed to meet their obligations under the insurance contract by not taking effective steps to deal with a known serious risk. Looking at the wider aspect of this topic, is there not scope for safety practitioners to at least draw attention to it where it is known or liable to exist within the businesses and organisations with which they work? Has anyone already done this already and with what results?