We have a staff member who works just less than 47 hours per week one less than the regulations state. We have subsequently found that he is working a futher 4 hours per 24 hour at another employer via an agency. This means he works 67 hours a week Mon to Friday. The regulations say we must interview him and get him to waive his rights to the regulation. Is there any further action we need to take? We are also concerned that he operates dangerous machinery during his shift here FLT and that fatigue could cause an accident. Do we need to inform the other employer of the hours he works for us? Can anyone help please?

Steve I think you might misunderstand what the Opt out does Even if he signs it he is still covered by the regs albeit with different hours

Steve, your own risk assessments need to consider the employee who may fatigued whilst operating dangerous machinery and whether the controls against harm (to him or others) are sufficient. If insufficient, there are a range of options open to you, some of which certainly should come under the "HR" heading. As to whether you inform his other employers - that is a moral judgement, similar to the one currently being debated on another thread about non-employees/employers unsafe behaviours and whether to involve the enforcement agency. Is there a legal duty? I confess I don't know enought about the Working Time Regs and haven't the will to go digging!