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#1 Posted : 11 March 2008 15:58:00(UTC)
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Posted By water67. Hi all, my problem/dilemma, I have recently taken over responsibility for a department. A section of the workforce are on call (they may be able to deal with the issue on the telephone or have to go out on site at any given time) from 10.00 p.m. until 8.00 a.m. the next morning they are also additionally on call for 12 – 14 hours per day and night over the week end on sat and sun thus doing the on call for 7 straight nights, in addition they come into work for a 9.00 a.m start 5.00 p.m. finish Monday to Friday. They do this on a rota 1 week in 4. The call out means they have to drive out to various sites across a region/area of around 50 square miles. In some instances particularly on weekends they can be out most of the night. Obviously a number of concerns not least driving whilst very tired. There is also an issue of potential violence My problem senior managers and the head of HR (I thought from his perspective this would at least be a breach of the working time directive), are aware of this, it has been practice for a number of years and they are basically turning a blind eye to the issues. So to my problem I feel I need to highlight the issues and concerns on my audits. But it is clear that this won’t be viewed as a “good” thing. If I don’t highlight the issues, apart from my obvious concern about the exposure of these workers to risks, I feel it reflects poorly on my professional integrity. any advice?
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#2 Posted : 11 March 2008 16:14:00(UTC)
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Posted By Tabs Before you put it into a formal audit, why not broach the subject in an email, or a chat first? Test the waters, and keep the answers. If it truly is met with hostility, make subtle reference on your audits ... "The writer has raised the subject of call-out elsewhere". It may be you are expecting resistance where there might be none if you explain your concerns in plain English.
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#3 Posted : 11 March 2008 16:19:00(UTC)
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Posted By Mitch Also try and temper your audit with constructive suggestions on how to improve the situation, speak to the employees and get their opinions, split shifts etc
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#4 Posted : 11 March 2008 16:21:00(UTC)
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Posted By Raymond Rapp I believe you are right to raise your concerns from both a company perspective and professional integrity. There has also been a couple of high profile incidents in recent years regarding staff who have had RTAs through tiredness due to long working hours, one civil law and the other criminal law. Your dilemma is one most practitioners have to face from time to time. Unfortunately there is no simple solution. Managers of all grades and industries still consider 'getting the job done' their top priority. Until, that is, a serious accident occurs. Then watch them dive for cover. My only practical advice is to make sure you have raised the matter to the highest level and ensure there is some form of documented evidence. Regards Ray
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#5 Posted : 11 March 2008 16:32:00(UTC)
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Posted By Andy Brazier Good advice so. However, from the description you provided I can't see there is anything particularly wrong, but that may just be my interpretation. For example, working long hours for 1 week in 4 will probably not be a problem with the working time regulations. It might be better if you provide us a couple of scenarios where you think someone on call is experiencing intolerable risk and your proposed solution. We could then comment on whether we agree with your assessment and/or solution.
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#6 Posted : 16 March 2008 17:35:00(UTC)
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Posted By colin1936 Firstly you might want to do a survey to actually find out over a period of eight weeks the actually hours worked. The working time directive is 48 hrs aggregated over i think 5 weeks. Therefore if somebody works 60hrs in one week and 40 over the other 4 weeks then the average would be 44hrs therefore no breach. As the other advice you must document your findings and ensure you have an audit trail, if there is an accident then you need to protect yourself. If the company is committed to safety then as long as you pitch your concerns they should be acted upon. Try and be constructive try and come up with a solution dont just give management a problem. This is a common fault with safety people and consultants. One problem when investigating this issue is that if Hr are against you they may hide behind data protection act. Good Luck Colin
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#7 Posted : 16 March 2008 18:00:00(UTC)
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Posted By CW Report what you find.
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#8 Posted : 17 March 2008 09:02:00(UTC)
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Posted By MT There may not be a breach in terms of the length of the working day when averaged out, however, there is a requirement for an 11 hour period of rest, which clearly these people would not be getting. There are of course some exceptions to this in the regs, so it is well worth getting your hands on a copy and having a good read.
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#9 Posted : 17 March 2008 09:17:00(UTC)
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Posted By water67. Hi, Thanks for the responses i have considered most of the views suggested and also had informal chats with managers. I will, as I always feel I should do, raise my concerns in my report. Having an engineering background also always try to have a solution based approach. As ever H&S staff have to put themselves in the firing line. even in cases where others should at least attempt to raise issues. Cheers
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