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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 Directives 93/104/EC 2000/34/EC. European Communities Act 1972. Statutory Instrument.

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Working Time Regulations -Implications for the NHS

Annie Ingram



Working Time Legislation

How much do you know?


European Directives

93/104/EC

2000/34/EC

European

Communities

Act 1972

Statutory Instrument

Working Time Regulations,

1998, 1999, 2001, 2003?…?


11hrs

Daily

Rest

24hrs

Weekly

Rest

48 hrs

Rest

Breaks

The ‘1998’

Regulations

Risk

Assessment

Health

Assessments

4 weeks

A/L

Special

Hazards

Transfer

to days

8 hrs

Night

duty


Exclusions

Individual

Opt-out

Collective

Agreement

Continuity

of care

Compensatory Rest

Unmeasured

Working Time

Shift Systems


2003 regulations
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….



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

Can you ignore it?


Proposed changes in europe
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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