Working Time Regulations -Working Time Regulations -Implications for the NHSImplications for the NHS

Annie Ingram

•What the Regulations say

•Why it is important•Potential Impacts

Working Time Legislation

How much do you know?

Working Time Regulations, 1998, 1999, 2001, 2003?…?

European DirectivesEuropean Directives93/104/EC93/104/EC

2000/34/EC2000/34/EC

Eu

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ean

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omm

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Statutory InstrumentStatutory Instrument

The ‘1998’Regulations

48 hrs48 hrs

11hrs11hrsDaily Daily RestRest 24hrs24hrs

WeeklyWeeklyRestRest

HealthHealthAssessmentsAssessments

8 hrs8 hrsNight Night dutyduty

4 weeks4 weeksA/LA/L

Rest Rest BreaksBreaks

RiskRiskAssessmentAssessment

TransferTransferto daysto days

SpecialSpecialHazardsHazards

ExclusionsExclusions

CollectiveAgreement

Continuityof care

Shift SystemsUnmeasuredWorking Time

IndividualOpt-out

2003 Regulations

• Include Junior doctors for the 1st time• 58 hours 1 August 2004 – 31 July 2007• 56 hours 1 August 2007 – 31 July 2009• 48 hours thereafter• Reference period – 26 weeks

• All other provisions apply! – Daily rest, weekly rest, rest breaks, annual

leave, Night worker regulations….

Is the NHS working time Compliant?

Temple concluded:

“The medical workforce in Scotland is under pressure. Service demand is rising and will continue to rise; the capacity to respond is already

limited and will be further restricted as the Working Time Directive is applied across the

medical workforce and as practitioners seek and expect less

demanding hours of work.”p3

Can you ignore it?

• Loss of opt-out• HSE

enforcement• SIMAP• ‘Selby’

precedent• 2003

Regulations• Amicus case

• Non compliant consultants

• Juniors compliance workload standards waiting times throughput• Role migration

Proposed changes in Europe…

• Definitions of Working time and rest periods remain but augmented by ‘on-call time’ and ‘inactive time’

• Reference periods could be extended to 1 year – no derogations

• Compensatory rest to taken within a max of 72 hours – no derogations

• Individual opt-out more stringent, maximum to apply and register must be kept

• Opt-out can be agreed by collective agreement

So what does this mean for your service