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philb  
#1 Posted : 20 March 2013 16:06:21(UTC)
Rank: Forum user
philb

Im sure this has been discussed before but i am finding the search facility is not very effective so please excuse me if you have been this way before..... Irrespective of the 48 hour opt out within the regulations is a requirement for 11 hours of consecutive rest within each 24 hour period. If a man has worked a full day but is on call from say 5 to starting time the next day and is called out at say midnight for 2 hours does his 11 hours of consecutive rest kink now commence at 2am? My own view is that it does but Im not 100% sure. The individuals may be called out to a plumbing problem not one of the special cases to which compensatory rest applies Any thoughts - there must be others companys in this position?
johnmurray  
#2 Posted : 20 March 2013 23:28:10(UTC)
Rank: Super forum user
johnmurray

Daily rest 10.—(1) An adult worker is entitled to a rest period of not less than eleven consecutive hours in each 24-hour period during which he works for his employer. (2) Subject to paragraph (3), a young worker is entitled to a rest period of not less than twelve consecutive hours in each 24-hour period during which he works for his employer. (3) The minimum rest period provided for in paragraph (2) may be interrupted in the case of activities involving periods of work that are split up over the day or of short duration. But: Collective and workforce agreements23. A collective agreement or a workforce agreement may— (a)modify or exclude the application of regulations 6(1) to (3) and (7), 10(1), 11(1) and (2) and 12(1), and (b)for objective or technical reasons or reasons concerning the organization of work, modify the application of regulation 4(3) and (4) by the substitution, for each reference to 17 weeks, of a different period, being a period not exceeding 52 weeks, in relation to particular workers or groups of workers.
bob youel  
#3 Posted : 21 March 2013 08:08:12(UTC)
Rank: Super forum user
bob youel

WTR situations are still subject to sensible risk assessment so do not forget that position as if somebody has an accident and it is shown that one of the route causes of that accident is the working time arrangements then irrespective of other areas/agreements management can still be at risk especially so as I bet that no adequate working time risk assessments are in place
damelcfc  
#4 Posted : 21 March 2013 08:49:32(UTC)
Rank: Super forum user
damelcfc

Largely ignored. The law is @ #2. Good advice @ #3. Although rather silly, millions of hourly paid workers rely on regular overtime, standby and call-out to pay their mortgage. MOST will assume that once they sign the 'opt-out' that's their key to the 12 hour Saturday and 12 hour Sunday O/T rates and a respectable wage. This value of earning as much cash as possible is far higher in preference to some rest to the average worker. Everyones happy until something goes wrong, gets ambulance chased, sues and spoils it for everyone.
johnmurray  
#5 Posted : 21 March 2013 10:01:32(UTC)
Rank: Super forum user
johnmurray

It's 48/wk referenced over 17 weeks. Use s23 to increase it to 52 weeks, then holidays increase the 48 rather dramatically. In many cases hours worked are fluid anyway, so a non-opt-out worker can work as many hours per year as many opt-outers do. Except managers are stuck in a rut.
colinreeves  
#6 Posted : 21 March 2013 14:01:07(UTC)
Rank: Super forum user
colinreeves

This may well have been changed by case law but the Regulations are totally illogical. Reg 2 shows the definition of a "day" as "a period of 24 hours beginning at midnight" Reg 10 requires that "An adult worker is entitled to a rest period of not less than eleven consecutive hours ineach 24-hour period during which he works for his employer." So an office worker on a day called Tuesday works 0900 to 1700 - when is their 11 hours off in that 24 hour period starting at midnight ....?
philb  
#7 Posted : 22 March 2013 08:24:38(UTC)
Rank: Forum user
philb

Thanks to all who have replied - we have sensibly risk assessed this and obviously don't want people working when impaired through fatigue. The regulations appear to have a firm and stand alone requirement for 11 consecutive hours of rest and given the situation I described above it seems that if someone is called out at night - irrespective of what rest they have had between the end of the normal day and the call the 11 hours of rest commences after their return from the call.
teh_boy  
#8 Posted : 22 March 2013 08:31:29(UTC)
Rank: Super forum user
teh_boy

damelcfc is right - largely ignored (even by (especially by?) the NHS!) I'm not even going to start my rant about how this is viewed in the UK as I have a yacht to get back to and some gin that needs drinking... But try the following to help with the RA http://www.hse.gov.uk/pubns/priced/hsg256.pdf
bob youel  
#9 Posted : 22 March 2013 09:38:36(UTC)
Rank: Super forum user
bob youel

the regs are still subject to H&S law especially risk assessment
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