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SafeStickman  
#1 Posted : 20 December 2016 09:02:22(UTC)
Rank: Forum user
SafeStickman

I am concerned that employees are not given enough rest/recovery time when asked to do occasional night work.  I have looked on https://www.gov.uk/night-working-hours/hours-and-limits but it is still very unclear. 

Occasionally, employees are asked to do a full day's work 7am - 3pm (construction), followed by night work from approx 10pm until approx 3am.  Now here's my biggest concern, they are then often scheduled to work a normal working day the following morning which generally starts at 7am!

I am sure this a huge risk and want to warn my director but I am struggling to find the correct legislation to try to justify my concerns.

As I say, this is occasional, not a regular occurance but I am very concerned.

HSSnail  
#2 Posted : 20 December 2016 09:19:08(UTC)
Rank: Super forum user
HSSnail

I don’t get involved with night work very often but if you look a few pages earlier on the web site you quote https://www.gov.uk/night-working-hours there is more information about calculating the work hours. As I read it you need to calculate an average over 17 weeks at least – it’s not a single event thing. As such the situation may not be a breach of the Working Time Directive. You would have to address any concerns you have through risk assessment, possible showing an increase in accidents due to fatigue.

RayRapp  
#3 Posted : 20 December 2016 09:29:46(UTC)
Rank: Super forum user
RayRapp

I suggest it is not just a legal duty but a moral duty to ensure your staff are fit for work and not exhausted due to a lack of basic sleep and rest. I assume some of these operatives are road users which throws another angle into the equation. If there should be a serious road incident and it could be proved it was down to tiredness of the driver then your company could be prosecuted.

chris42  
#4 Posted : 20 December 2016 10:26:04(UTC)
Rank: Super forum user
chris42

Under the Working Time Regulations 1998, regulation 10, a worker is entitled to a rest period of 11 consecutive hours rest in each 24 hour period during which he works for his employer.

But... read the rest:-

http://www.hse.gov.uk/contact/faqs/workingtime.htm

Brian Campbell  
#5 Posted : 20 December 2016 10:42:35(UTC)
Rank: Forum user
Brian Campbell

This has been a concern for me also for sometime now, as we also have occasional nightshifts going from one show to the next.  And only having a small crew its even harder to manage should i be a man down for leave or sickness related, then theres always someone who has to pick up the slack.  We do our best to spread the load between all memebrs of staff but we are not unionised and I generally dont have any hassle and the lads are greatful for the extra hours, but yes the whole fatigue issue does concern me also.  There have been times when ive had a guy on a 12hr nightshift and brought him back in again 9 hours later for another 7 hour shift.  These dont happen very often though and he would always get the following day off to recover!

markwmansell  
#6 Posted : 20 December 2016 11:41:07(UTC)
Rank: Forum user
markwmansell

If you have concerns have an informal chat with the director and voice your concerns. If you bring positive solutions with you they may be receptive. As previously stated by another user there are three main reasons for managing safety, health and the environment - Legal, Financial and Moral. Unfortunately, the Moral reasons are often forgotten as they are harder to sell. I guess it depends of the relationship you have with the director.

SafeStickman  
#7 Posted : 22 December 2016 15:53:34(UTC)
Rank: Forum user
SafeStickman

Thanks for all the replies and valid advice.  I have found the following infomation to be correct:

First of all,  your workers that wish to work beyond a 48 hr week must sign an Opt –Out form.

If some workers are required to work on occasions during their rest period then they are entitled to ‘Compensatory rest’.

In a nutshell – yes you can get workers to work outside of their normal working rest periods but they must be given their rest back and as a company you must be able to demonstrate this. 

thanks 1 user thanked SafeStickman for this useful post.
markwmansell on 23/12/2016(UTC)
johnmurray  
#8 Posted : 27 December 2016 08:04:59(UTC)
Rank: Super forum user
johnmurray

Originally Posted by: SafeStickman Go to Quoted Post
Thanks for all the replies and valid advice. I have found the following infomation to be correct: First of all, your workers that wish to work beyond a 48 hr week must sign an Opt –Out form.If some workers are required to work on occasions during their rest period then they are entitled to ‘Compensatory rest’. In a nutshell – yes you can get workers to work outside of their normal working rest periods but they must be given their rest back and as a company you must be able to demonstrate this.
From your given link: " 1. Hours and limits Staff who regularly work at least 3 hours during the ‘night period’ are night workers. The night period is 11pm to 6am, unless the worker and employer agree a different night period. If they do, it must be 7 hours long and include midnight to 5am. It must be agreed in writing. Staff may also be night workers if there’s a collective agreement (eg trade union agreement) that states their work is night work" And: " Limits on working hours for night workers Additional rules apply to night workers on top of the rules on maximum weekly working hours and rest breaks. Night workers must not work more than an average of 8 hours in a 24-hour period. The average is usually calculated over 17 weeks, but it can be over a longer period of up to 52 weeks if the workers and the employer agree, eg by collective agreement. Regular overtime is included in the average, but not occasional overtime. ****Workers can’t opt out of the limit****"
gerrysharpe  
#9 Posted : 29 December 2016 10:48:30(UTC)
Rank: Super forum user
gerrysharpe

I have seen on Construction sites, especially with East European workers that they would work a day shift on a site and then go that evening to another site and work Nights there also. Coming back to the day site next morning, looking like Zombies. 

I remember throwing off a site a whole gaggle of Workers who had just come in that morning as if they were sleep walking, Crazy

johnmurray  
#10 Posted : 30 December 2016 09:36:40(UTC)
Rank: Super forum user
johnmurray

Originally Posted by: gerrysharpe Go to Quoted Post

I have seen on Construction sites, especially with East European workers that they would work a day shift on a site and then go that evening to another site and work Nights there also. Coming back to the day site next morning, looking like Zombies. 

I remember throwing off a site a whole gaggle of Workers who had just come in that morning as if they were sleep walking, Crazy

Hours in one job count towards hour in another job.

You have more than one job

Your combined working hours shouldn’t be more than 48 hours a week on average.

https://www.gov.uk/maximum-weekly-working-hours/calculating-your-working-hours

Night workers cannot opt-out

Risky1  
#11 Posted : 03 January 2017 15:31:24(UTC)
Rank: Forum user
Risky1

This of course happens all the time in healthcare and it's not just about staff possibly making mistakes because they are tired. There are lots of concerns about the long term health affects on the individual as well.

Adams29600  
#12 Posted : 04 January 2017 13:07:06(UTC)
Rank: Forum user
Adams29600

Just read an article about a night shift nurse who worked 1900 until 0730. Busy shift, did not even have time for a break for a cuppa. Driving home at 0800, low blood sugar, veered across road and collided with a car coming the other way resulting in injuries to occupants of other car. Nurse has a child with special needs, so probably doesn't get sufficient rest during day and has no real idea how the accident happened, probably as a result of her physical state. Fined £450 and 1 year ban from driving.

Invictus  
#13 Posted : 04 January 2017 13:33:22(UTC)
Rank: Super forum user
Invictus

Originally Posted by: Adams29600 Go to Quoted Post

Just read an article about a night shift nurse who worked 1900 until 0730. Busy shift, did not even have time for a break for a cuppa. Driving home at 0800, low blood sugar, veered across road and collided with a car coming the other way resulting in injuries to occupants of other car. Nurse has a child with special needs, so probably doesn't get sufficient rest during day and has no real idea how the accident happened, probably as a result of her physical state. Fined £450 and 1 year ban from driving.

That's what she told the judge!
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