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Brian Campbell  
#1 Posted : 27 December 2017 18:56:11(UTC)
Rank: Forum user
Brian Campbell

Hi folks, I'm having trouble with regulation 7 of the Working Time Reg's. Its this paragraph below which is confusing to me anyway.

An employer shall ensure that no night worker employed, by that employer, whose work involves special hazards or heavy physical or mental strain works for more than eight hours in any 24-hour period during which the night worker performs night work. 

Does this mean if I have a night worker start at 22:00 & finishing at 08:00,  isnt allowed to start work again at 22:00 hrs which would be 14hrs later??

thanks

Steve e ashton  
#2 Posted : 27 December 2017 20:02:26(UTC)
Rank: Super forum user
Steve e ashton

If the work is of a type that is covered by this reg. Then... His employer is already in breach because the guy has already worked ten hours in the 24hr period midday to midday.... No shift more than eight hours, and at least sixteen between shifts. Usual get-out is to claim the work is not arduous or demanding so the reg doesn't apply.....
RayRapp  
#3 Posted : 28 December 2017 11:23:20(UTC)
Rank: Super forum user
RayRapp

Hi Brian

I think it should be remembered the night time working element of 8 hours in a 24 hour period is an average over a 17 week period, or longer if agreed between the employer and employee(s). I also understand the minimum rest between shifts is 11 hours, regardless of the shift pattern. 

johnmurray  
#4 Posted : 28 December 2017 22:13:05(UTC)
Rank: Super forum user
johnmurray

Heavy work/mental strain/no more than 8hrs in 24hrs. No average over 17 weeks.

https://www.gov.uk/night-working-hours

Hsquared14  
#5 Posted : 02 January 2018 09:54:23(UTC)
Rank: Super forum user
Hsquared14

This all revolves around the definition of "heavy work or hazardous work" so long as the work is of a normal level of risk and difficulty then this clause doesn't apply.

boblewis  
#6 Posted : 02 January 2018 11:45:59(UTC)
Rank: Super forum user
boblewis

You are being too narrow.  Day 1 2200 starts the 24 hour period which ends at 2200 on the second day.  Only 8 hours are worked in this period.  Day 2 2200  restarts the 24 hour period.

Roundtuit  
#7 Posted : 02 January 2018 16:00:32(UTC)
Rank: Super forum user
Roundtuit

If the shift starts at 22:00 Hrs this starts the 24 hour counter Bob has eluded to

The problem is the shift finishes at 08:00 the following morning a period on site of (2+8) 10 hours

If the work falls in to the category special hazards, heavy physical or mental strain the shift would of necessity to conform to the 8 hour principle finish at 06:00

JohnW  
#8 Posted : 02 January 2018 16:01:22(UTC)
Rank: Super forum user
JohnW

Don’t confuse day with 24 hour period. Working 22:00 till 08:00 is 10 hours in a 24 hr period. If that is the normal shift then it breaches the reg quoted above.
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