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Working Time Regulations - Implications for the NHS

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

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  1. Working Time Regulations -Implications for the NHS Annie Ingram

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

  3. Working Time Legislation How much do you know?

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

  5. 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

  6. Exclusions Individual Opt-out Collective Agreement Continuity of care Compensatory Rest Unmeasured Working Time Shift Systems

  7. 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….

  8. Is the NHS working time Compliant?

  9. 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

  10. 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?

  11. 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

  12. ? So what does this mean for your service

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