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Posted By Zack Wadham
I was approached by a friend of mine about the working time directive and what the health and safety has to say about the long working hours he has to do at work.
He has to do 12 hours and 45 minutes each shift which is the 4 shift system.
That is 4 days on, 4 days off and 4 nights on, 4 nights off.
His company justified that by saying they only pay for two breaks of 15 minutes each. they also said they are allowing three 25 minutes during the shift.
I did not find an answer for him and thought I would ask for any information here.
Can anyone please enlighten me to what health and safety or working time directive views are on this issue.
thanks
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Posted By Zack Wadham
i am sure some one has the answer for that question!
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Posted By Heather Aston
Zack
Start here: http://www.dti.gov.uk/er/work_time_regs/wtr0.htm
As the working week your friend works isn't over a seven day cycle, you will have to average out the hours worked over a 17 week period.
It's not clear from what you say exactly which breaks are included in the shift time and which are paid for. This will have a bearing on the calculations.
Hope this helps.
Heather
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Posted By Zack Wadham
thanks heather
ACAS said the hours fall inline with the working time directive, since break time does not count towards working hours.
is there anythink against these hours from a health and safety point of view?
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Posted By jason telford
i don't know if this is true or not but i was under the impression you had to have 11 hours dead rest before each shift
is this the case
in terms of health and safety it all depends on the type of work
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Posted By Heather Aston
Jason - yes you'll see a better explanation if you look at the link I gave. 12 hours 45 mins does of course allow a rest time between shifts of 11 hours 15 mins.......
Zack - as Jason said it depends on the type of work. We used to have a factory that ran 12 hour shifts five days a week - mind you it was pretty well paid. Can you give us a clue as to the type of work without compromising your friend's position? Is he in a TU that could give an opinion?
Heather
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Posted By Gary L
Hi
Unless you have already implemented a system, don't forget, you will need to consider free health assessments for night workers.
As to whether it is safe to work 12 3/4 hour shifts, it depends on the risks involved. If the worker is sat in a control room for the entire shift then I don't see a problem. However, the regs highlight "work involving special hazards, or heavy physical strain, or mental strain" in which case no night worker may work for more than 8 hours in a 24-hour period.
Normal working hours of night workers must not exceed an average of 8 hours in a 24-hour period, calculated over a 17-week reference period. This period can be modified or excluded by an agreement between employers and workers.
regards
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Posted By Andy Petrie
The key factor in these type of cases is travel time. If it's an hour drive to work and an hour home afterwards I would be worried, as he will have done nearly 15 hours by the time he gets home, this is very dangerous if driving.
If he lives round the corner I would be less worried.
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Posted By Zack Wadham
Thanks for this
So far maximum 8 hrs a night averaged over 17 weeks unless opted out. Free health assessment for night workers.
The type of work: maintenance electrician for repairs and breakdowns.
He stays 40 miles from work so it does take him an hour to get to and from work.
ACAS said traveling to and from work is not counted as working hours.
But as you said it is a matter of concern when it comes to his driving since I agree he would not be alert enough.
So how can he put it to the company that the shift pattern is unsafe? Is there anything that is stated in Health and Safety regulations regarding this matter?
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Posted By Heather Aston
Zack
You have misunderstood the individual opt-out, it only applies to the 48 hour maximum working week not to the night working hours - the DTi page is quite specific about this. As Gary said above, the night working limit can be varied by a collective agreement - this is not an opt-out.
To be honest, it is not the employers' fault (presumably) that the individual chooses to live 40 miles from his place of work. Why should they make different allowances for him than for someone else who chooses to live round the corner?
I would suggest that if he is not happy with his circumstances, he looks for a different job or a different house.
And no there is nothing in H&S Regs that would say these shifts are "unsafe". ACAS are the final arbitrator under the working time directive - if they will not act then the solution is down to him I'm afraid.
Sorry if that doesn't sound very sympathetic but it's the truth of his situation I'm afraid.
Heather
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