Working Time Regulations Implications for the NHS Annie

Working Time Regulations Implications for the NHS Annie Ingram

• What the Regulations say • Why it is important • Potential Impacts

Working Time Legislation How much do you know?

European Communities Act 1972 European Directives 93/104/EC 2000/34/EC Statutory Instrument Working Time Regulations, 1998, 1999, 2001, 2003? …?

48 hrs 11 hrs Daily Rest 24 hrs Weekly Rest Breaks The ‘ 1998’ Regulations Risk Assessment Special Hazards 4 weeks A/L Health Assessments Transfer to days 8 hrs Night duty

Exclusions Individual Opt-out Continuity of care Unmeasured Working Time Collective Agreement Shift Systems

2003 Regulations • • • Include Junior doctors for the 1 st 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. ”p 3

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