Rank: New forum user
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Annually we have a contract for 6 weeks where the engineers work on site daily with no days off. They are happy to do this. The work is not arduous and they work a normal day shift 8 till 4.30. The client has now stated they cannot (should not?) work more then 14 days without 48hrs off (working time regs) As long as H&S is not compromised and they are happy to opt out of the regs, am I OK to defend the working practices with the client?
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Rank: Super forum user
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As I understand it, workers can opt out of only the '48 hour maximum in a rolling 17 week reference period' part of the Working time regs. Rest periods as you describe are mandatory - again, as far as i have been able to find out for a previous contract. HR issue really, ask them!
S
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Rank: Super forum user
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If every shutdown and similar work situation adhered strictly to the base points of the WTR then we would get nothing done as was recognised when the regs came out and allowed for therein remembering that RA takes priority
Provided the type of work, environment etc. Hours and conditions of work does not increase risk to a completely unacceptable level then there should be no H&S problems irrespective of the overall hours worked noting that if you work 20 hours a day for 3 days even the most sedate job becomes a risky job irrespective of any 14 days rule
Risk assess [as is a requirement of the law] from the H&S angle and pass across the results and thereafter leave the politics and sorting of the problem to HR and others
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Rank: Forum user
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From my reading, the original question relates to the requirements of Reg 11 of the Working Time Regs which require employees to have an uninterrupted rest period of 24hrs in each seven day period, or one of at least 48hrs in each 14 days.
Reg 23 WTR allows a collective agreement or workforce agreement to modify or exclude the requirements of Reg 11(1) and 11(2), i.e. the workers can collectively agree to waive the requirements for a 48hr break in each 14day period.
So, yes, they can choose to opt out, but it has to be done collectively rather than on an individual basis.
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Rank: New forum user
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From my reading of the original question that relates to regulation 11. The regulations enititle the rest periods but does not enforce the taking of the rest periods.
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