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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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
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