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Posted By Steve W
Can anyone help with a query regarding the WTR.
Some of my guys, obviously through a great love for the company (or the overtime money), cannot see why they are not allowed to work 7 days a week, week in week out. They know they are entitled to take rest breaks (1 day off a week or 2 days a fortnight), but if we are busy, and they have signed the 'opt out', they do not see the problem.
As they wont believe anything until they see it in writing, where exactly does it state that they must take rest breaks and cannot 'opt out' of this requirement?
Thanks
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Posted By Mike Charleston
In other words Steve, nowhere does it state that they must take rest breaks and cannot 'opt out' of this requirement - CFT's references support that.
Let them carry on and take the money for as long as they want; just make sure that if one/more wish to opt back in, they can do so.
Mike
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Posted By CFT
The Working Time Regulations provide for:
An uninterrupted rest period of not less than 24 hours in each seven-day period or two uninterrupted weekly rest periods of 24 hours each in every 14-day period (48 hours in every seven-day period for young workers).
Under current (2005) opt-out rules an employee (but not in all cases, see age related and certain work related) may agree to work more than the average 48 hours per week maximum stated by WT regs 1998, reg 4 (see Working Time Regulations/average 48 hour max working week )
CFT
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Posted By D H
I know from personal experience of 12 hr nights working for a continuous period of 35 nights non stop and the effect it had on me.
I was like a zombie at the end of it - but the job needed doing and the money was good - young family, mortgage etc.
From a safety point of view, there were things I missed, or neglected to do - and I know in hindsight that I possibly was a risk to myself and others.
It would be interesting to hear about your companies accident stats and is there a direct link to the continuous hours worked?
Dave
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Posted By Steve W
So what we are saying then is that, although from a H&S point of view it may not be good practice, as long as they have signed the 'opt out' there is nothing to stop someone continually working a, 10 hour, 7 day week?
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Posted By Mike Charleston
That's right - as long as they're not in the excluded groups that CFT's references detail.
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Posted By Mike Charleston
By the way - DH referred to 12 hour nights and that brings up a separate need for health checks. I can't access any details at present.
However, night time working is not pertinent to the original question.
Mike
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Posted By CFT
Agree with you on the night working health issues Mike.
CFT
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Posted By steve e ashton
Unless your guys are working on the railways in safety critical positions...
http://www.opsi.gov.uk/s...4/Uksi_19940299_en_1.htm
These regs also provide a useful 'backstop' comparator standard for those working in other industries...
Anyone working 7x10 is going to be fatigued. What are they doing and - perhaps more importantly - what will be the consequences of their repeated and frequent lapses and errors? Is the company willing to accept the cost of those consequences? I cannot think of very many occupations where such hours (whilst legal after 'opt out') would comply with my own personal standards of acceptability...
Steve
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Posted By CFT
Steve
Fully concur with your last statement; I particularly avoided however getting into this area as the poster did not request the H&S implications.
Your still right though.
CFT
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Posted By Steve W
Thanks for all the feedback.
For information. The work carried out is by a relatively small team (of up 12) and it is difficult to get additional suitably trained and experienced men at short notice to cover busy times.
Also, due to the nature of the work it normally has to be carried out during shutdowns and at weekends.
I would also use the term 'work' loosely for the 10 hours that is claimed each day at weekends.
Steve
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Posted By steve e ashton
steve:
You may find the comments made by CSB following the Texas City explosion informative. Particularly in relation to work done at 'shut down or turnround...'
Charley: Thanks for the endorsement.
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Posted By Colin Reeves
Interesting how industries vary. In mine the statutory hours require 77 hours rest per week and, apart from statutory holidays, this can be continuous. That works out at 13 hour days ....
Oh, and the rest periods can be split into a 6 hour break plus a 4 hour break, does not have to be continuous 10 hours off.
Colin
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Posted By CFT
Seafarer then Colin?
CFT
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Posted By Colin Reeves
How did you guess!
Colin
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Posted By Steve Wood
Guys, I think I've missed something - the original poster asks "...where exactly does it state that they must take rest breaks and cannot 'opt out' of this requirement?".
Ignoring any special cases - Having read the first link, whilst you CAN opt out of the 48hr working week limit, is this the same as opting out of the need to take rest breaks? I can't find that anywhere. It does, though, say that the employer can make you take breaks if it wishes - doesn't that answer the question?
Steve
(newly returned to H&S so go gently on me!)
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