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Posted By naomi
Hope some one can give me some advice.
I am trying to work out the best option to take in regards to:
Community Visitors who's job it is to check on tenants (in their own homes and sheltered accommodation) throughout the day to see if they have any problems,concerns, if they need to be referred to social services for any issues etc.. (they are not care staff)
They do a full weeks work 8am - 5pm and one day a week they have to be on call(night duties)
They could be called out from 1-5 times in the night, but still have to be at work for 8am.
In theory they are working a 24hr shift.
They could spend 20minutes making sure a tenant is ok but it could be a 2 hr drive back home.
Doesn't the working time directive state their must be a 11hr rest period?
These Community Visitors are putting themselves at risk and others(driving when tired, lone working etc...)
I need to think of a short term and long term solution to this. I have to take into account that some CV's like the night shift because of the extra money, but my main concern is safety.
Any ideas?
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Posted By darren booth
would a flexi- time system not be viable?
it woould be asking an awful lot of an employee to work a rigid shift AND work call outs too..
as far as i recall, the directive in this country has the option of employees opting out,ie:agreeing to disregard the advised periods of work and rest.in my opinion, it is an employers responsibility to enforce the directive when safety could be put at risk,like in your case, as sometimes workers are manouvered into a position where they can't say no, or are financially penalised for saying no.
my personal experience of this is my employer sending out staff to deliver in a van after a shift...this could be shop floor staff, or driving staff (after logged hours in the hgv).
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Posted By Adrian Clifton
Naomi
This is not an uncommon problem.
As Darren points out, the "opt out" is still available here. However, as the employer, you are required to assess the risk under the Management Regs 1999. There is clear, undeniable evidence that driving whilst tired has caused numerous accidents, resulting in major injuries and fatalities. This should be recorded in the assessment otherwise it may be found not to be "suitable and sufficient" which is in breach of the Regs.
There may be a further breach in relation to HASWA 1974, by failing to provide a "safe system of work" and "failing to ensure the safety of others who may be affected by your activities" (other road users/pedestrians).
I would recommend a review of your risk assessment and working practice for this and implement change before an incident occurs.
Adrian
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Posted By Lilian McCartney
Hi Naomi,
I knew of an employer whose employees could be called out during the night for urgent maintenance repairs. It could be any number or no calls. The employees usually worked day shift. As they were driving and carrying out repairs it was thought that if too tired mistakes could be made and they could be injured, hurt someone else or leave a fault in an appliance.
They worked out a system of having delayed starts if called out or still out after certain times.
e.g. if out after 2.30am delay start til 11am
if out after 4.30 am delay start til 2pm etc. I can't remember the exact times they had. I think they finished at the usual time.
This is just some info to give you ideas on how to take this forward, it'll obviously depend on your own type of work.
Hope this helps
Lilian
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Posted By Alison WR
Have you also considered the risk assessment for driving? People driving in the dead of night are at significant risk of falling asleep at the wheel [upwards of 10%]. If they have also suffered repeated nights of interrupted sleep, the risks must be higher.
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Posted By naomi
Thank you for the replies
Naomi
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