HSE revises guidance on working time regulations

The Health and Safety Executive has issued revised guidance on working time regulations.

The guidance has been updated in the light of the HSE’s experience of enforcing the Working Time Regulations 1998 and also to take into account various amendments that have been made.

The regulations came into force on 1 October 1998, implementing the Working Time Directive. They impose obligations on employers in relation to the working time of workers over the minimum school leaving age, including the provision of rest breaks, and night work restrictions.

The guidance is intended to help those responsible for enforcing the regulations, and may also be of use to duty holders. The HSE said: “It reflects HSE understanding of how the regulations will be interpreted, based on relevant case law where appropriate. It is not intended to be definitive since ultimately only the courts can determine whether the law has been complied with in a particular case.”

Both the HSE and local authorities enforce the relevant requirements of the regulations in relation to premises for which they are each responsible for enforcing the relevant statutory provisions under the Health and Safety (Enforcing Authority) Regulations 1998.

These requirements include: the maximum weekly working time; night work limits; night work special conditions; health assessments for night work (adults and young workers); worker transfer from night work; work patterns and adequacy of rest breaks; record keeping; and compensatory rest.

To view the guidance, click here.