Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.

Notification

Icon
Error

Options
Go to last post Go to first unread
Ahzulu  
#1 Posted : 13 January 2012 15:16:54(UTC)
Rank: New forum user
Ahzulu

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?
SNS  
#2 Posted : 15 January 2012 23:16:08(UTC)
Rank: Super forum user
SNS

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
bob youel  
#3 Posted : 16 January 2012 07:28:16(UTC)
Rank: Super forum user
bob youel

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
mylesfrancis  
#4 Posted : 17 January 2012 08:29:00(UTC)
Rank: Forum user
mylesfrancis

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.
Holland80069  
#5 Posted : 17 January 2012 14:28:05(UTC)
Rank: New forum user
Holland80069

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.
Users browsing this topic
Guest
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.