Rank: Forum user
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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
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Rank: Super forum user
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What contentious issue might this case law resolve?
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Rank: Forum user
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Originally Posted by: A Kurdziel What contentious issue might this case law resolve?
huh??
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Rank: Super forum user
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Rank: Super forum user
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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!
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Rank: Super forum user
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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).
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1 user thanked A Kurdziel for this useful post.
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Rank: Super forum user
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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
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1 user thanked stevedm for this useful post.
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