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mikecarr  
#1 Posted : 25 April 2019 15:02:27(UTC)
Rank: Forum user
mikecarr

Hi all

does anyone know of any case law or prosecutions with regards to the WTR?

I'm particually intersested in anything around night worker health assessments

Cheers

A Kurdziel  
#2 Posted : 25 April 2019 15:07:50(UTC)
Rank: Super forum user
A Kurdziel

What contentious issue might  this case law resolve?

mikecarr  
#3 Posted : 25 April 2019 15:14:23(UTC)
Rank: Forum user
mikecarr

Originally Posted by: A Kurdziel Go to Quoted Post

What contentious issue might  this case law resolve?

huh??
SteveL  
#4 Posted : 25 April 2019 15:53:26(UTC)
Rank: Super forum user
SteveL

AcornsConsult  
#5 Posted : 26 April 2019 07:33:26(UTC)
Rank: Forum user
AcornsConsult

I see Working time as possibly the most brilliant piece of legislation -EVER. Consider this.... Everyone, absolutely everyone knows something about it. AFAIK, no one has every been prosecuted for it No agency is specifically responsible for its enforcement Yet, everybody, individuals and employer are fearful of breaching it Everybody tries to comply with its requirements. Now compare it to something like mobile phone while driving Heavily enforced with high prosecution numbers Multiple agencies have enforcement responsibilities Individuals blasé about compliance Employers (allegedly) set rules but breaches are accepted Generally accepting of non-compliance. I wonder what it is /was that made WTD so successful where others fail!
A Kurdziel  
#6 Posted : 26 April 2019 08:21:12(UTC)
Rank: Super forum user
A Kurdziel

Case law is only relevant if there is something that turns up in court which needs to be clarified: something that is not clear from a literal reading of the legislation that need to be discussed in a court of record (High Court, Court of Appeal, Supreme Court). There the judges can explain what the law really means and establish a precedent which has to be applied in all further cases involving this legalisation. There has(apparently)  never been a legal case in involving the WTR therefore there is no case law and it looks like everybody is happy with WTR as written and literally interpreted(apparently).

thanks 1 user thanked A Kurdziel for this useful post.
webstar on 26/04/2019(UTC)
stevedm  
#7 Posted : 01 May 2019 10:21:33(UTC)
Rank: Super forum user
stevedm

Mike

If you are looking to support getting the defined night workers medicals completed you would be better looking at your general duty of care and risk assessment.  If the risk assessment indicates that the work is safety critical and fatigue as a result of night work can affect safety then the risk assessment becomes the legal basis for the requirement...working time directive included...

Some general requirements on shift work is included here...I hope this is a little more useful...:)

http://www.hse.gov.uk/pUbns/priced/hsg256.pdf

thanks 1 user thanked stevedm for this useful post.
A Kurdziel on 01/05/2019(UTC)
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