WORKING TIME REGULATIONS POLICY JOINT FRAMEWORK AGREEMENT (NON MEDICAL STAFF)

Transcription

1 WORKING TIME REGULATIONS POLICY JOINT FRAMEWORK AGREEMENT (NON MEDICAL STAFF) N.B. Staff should be discouraged from printing this document. This is to avoid the risk of out of date printed versions of the document. The Intranet should be referred to for the current version of the document.

2 This collective agreement applies to all workers within Aneurin Bevan University Health Board, other than Medical and Dental staff who are subject to a separate agreement 1 Purpose Scope of Agreement Principles Introduction...3 Enforcement of the Working Time Regulations Minimum Rest Periods In-work Break Compensatory Rest Definitions Working Time On-Call Sleep-ins (Resident On-Call) Night Worker Day Rest Period. 8 6 Health Assessments (Night Workers) Paid Annual Leave Payments in Respect of Annual Leave..8 9 Bank and Agency Staff Records Appendix 1 Personal Employment Statement Form Appendix 2 Health Assessment questionnaire for Night Worker

3 1 Purpose This document serves to consider the Regulations and the associated local interpretation that serves as a Joint Framework between Aneurin Bevan University Health Board and the Joint Staff Management Committee. It also provides as outline of the practical implementation of the Regulations and serves to clarify the jointly agreed interpretations as permitted within the remit of the Regulations. 1.1 Scope of Agreement This collective agreement applies to all workers within Aneurin Bevan University Health Board, other than Medical and Dental staff who are subject to a separate agreement. 2 Principles The following provides an outline of the Working Time Regulations, together with information regarding opportunities for the Organisation to jointly agree to adopt a more flexible approach to specific areas. Both the Organisation and workers themselves, have a responsibility for Health and Safety at work. With this in mind, the Organisation will have due consideration for hours of work, working patterns and the well being of all concerned. However, it is also recognised and accepted that all workers also have a similar responsibility in any commitment to work. The monitoring and control of working hours, working patterns and workers well being is therefore considered to be an integral element of Health and Safety at work and in promoting the health of the workforce. 3 Introduction The Working Time Regulations came into force in October 1998, thus affording new rights and employment protection to workers in relation to:

4 Health and Safety at Work Working Hours Working Patterns Night Working Specifically the basic entitlements and protections that the Regulations provide for The Organisations staff are: A limit of an average of 48 hours a week, averaged over 17 weeks which a worker can be required to work. A limit of an average of 8 hours work in 24hours averaged over 17 weeks, which night workers can be required to work. See definition in Section 5.4. Entitlement for night workers to receive free health assessments. Entitlement to an uninterrupted day off each week of 24 hours or 48 uninterrupted hours in a fortnight. These may be successive days. Entitlements to an in-work rest break of at least 20 minutes if working 6 hours or more. Entitlement to a minimum of 5.6 weeks (28 days) paid leave per year. Entitlement to Annual Leave payments that are based on average rather than basic salary. Young workers someone between 16 and 18 years of age - may not ordinarily work more than 8 hours a day or 40 hours a week. (Refer to WTR (2008) and amendments) 4 Enforcement of the Working Time Regulations Under normal circumstances, workers have the right not to work more than 48 hours per week averaged over a referencing period of 17 weeks. Workers can also request to work more than 48 hours, averaged over the agreed period. In order to do so, they must complete a Personal Employment Statement (appendix 1) so that their employer can take account of their hours worked (for all types of employment) before agreeing to the use of an opt-out agreement.

5 The opt-out agreement can be for a set period of time or an indefinite period. In the event that the use of an opt-out agreement is considered to be acceptable, each worker will be expected to give one month s notice of any change. It is agreed that the maximum average hours to be worked over the 17 week reference period should not exceed Minimum Rest Periods Daily Each worker will normally have a minimum rest period of 11 hours between each day of work. Weekly Each worker shall normally have a minimum rest period of 24 hours in each 7-day period. This should be added to the above-mentioned 11-hour rest period. Special Rules for Young Workers If a young worker is required to work for more than 4½ hours at a stretch, he or she is entitled to a rest break of 30 minutes. 4.2 In Work Break Under NHS Terms and Conditions of Service working time is normally calculated exclusive of meal breaks Paid Breaks The only exception to the above is for situations where individuals are required to be accessible during breaks in which case such time is counted as working time and must be paid Unpaid Breaks Breaks must be taken within a shift rather than at the start or end of a shift. 4.3 Compensatory Rest Workers must, whenever possible, be given an equivalent period of rest the same length as the period of rest or part of a period of rest, that the worker has missed. Compensatory rest should be taken as

6 soon as possible after the missed rest period and ideally within 14 days. 5 Definitions 5.1 Working Time Working time is any period when a worker is working at the Organisations disposal and carrying out activities or duties for the Organisation. Time used for the purpose of study leave, in-house training, health and safety and Trade Union duties (as opposed to activities) and civic/public duties is considered to be working time. Time spent undertaking activities associated with the Territorial Army are not considered to be working time. 5.2 On-Call Workers who are on-call (i.e. from home or outside work premises) will be regarded as working from the time that they are actually called upon to undertake work, including: - The giving of advice by telephone. The point at which they are initially contacted, until they actually return home. 5.3 Sleep-ins (Resident On-Call) Workers who are required to be at their place of work and to sleepin for a specified period (thus not free to pursue their own time) will be considered to be working. Where compensatory rest is to be awarded as a consequence of a worker being resident on-call, the rest awarded will take into account the actual intensity of work undertaken. In cases where workers benefit from relatively long period of sleep, there will not be a need to award compensatory rest. 5.4 Night Worker A night worker is an individual who, as part of their regular work commitment, works a minimum of 3 hours between an agreed 7

7 hour period encompassing 11pm to 6am or participates in an on-call system with the requirement to be available through the night. Organisations are able to jointly agree the exact 7-hour period to define the period that is considered to be night duty for the purpose of the regulations. A night worker must work nights on a regular basis as opposed to any ad-hoc agreement. Hours worked as overtime do not count for the purpose of averaging night hours worked. A night worker s average normal working hours are calculated by dividing the normal working hours during the reference period by the number of days in that period, excluding weekly rest periods (24 hours). Note that all days during the reference period (with the exception of weekly rest periods) are to be taken into account. The calculation is represented by the following equation: A (B-C) Where A is the normal working hours during the reference period Where B is the number of days during the reference period Where C is the total number of hours during the reference period comprised in weekly rest period spend by the worker In areas where conditions are specifically hazardous or there is heavy physical or mental strain, workers should not normally work more than 8 hours in any 24-hour period of night work (as opposed to any averaging of hours). Organisations can jointly agree any specific areas that are deemed to be hazardous or particularly physically/mentally demanding or if recognised in a risk assessment by the employer under the Management of Health and Safety at Work Regulations Day Within this agreement day means a period of 24 hours beginning at midnight.

8 5.6 Rest Period A rest period is a period which is not working time, other than a rest break or leave to which the employee is entitled. 6 Health Assessments (Night Workers) Workers who work night shifts as a part of a regular commitment are entitled to be offered a health assessment. This will initially be in the form of a questionnaire (appendix 2), but if necessary may also involve a free and confidential detailed assessment by the Occupational Health Department. 7 Paid Annual leave Under Statutory legislation, each worker is entitled to a period of 5.6 weeks. This is on a pro rata basis for part time workers or those who join the Organisation part way through a leave year. Staff will receive the entitlement to annual leave and general public holidays as set out in the NHS Terms & Conditions of Service. Workers begin to accrue annual leave from their first day of work. In circumstances where workers are entitled to enhanced rates of pay due to shift working or unsociable hours, pay for annual leave must reflect these additions and should be an average of the previous 13 weeks earnings. (See payments in respect of Annual Leave) In circumstances where a worker does not have set working hours, pay for annual leave will be arrived at by averaging the previous 12 weeks earnings. 8 Payments in Respect of Annual Leave The Working Time Regulations give staff a statutory right to paid annual leave, with payment being on the basis of average earnings defined in accordance with The Employments Rights Act Bank and Agency Staff The Working Time Regulations apply to workers and as such Bank and Agency staff are regarded as workers irrespective of their employment relationship.

9 Agency staff are covered under the scope of the regulations. However the responsibility to ensure that Health and Safety entitlements are provided will be the responsibility of the Agency. The Organisation, however, will wish to satisfy itself that such provisions are adequately provided for in any contract to supply Agency staff. 10 Records Managers will keep records that are adequate to ensure that the regulations have been complied with. Monitoring requirements will vary depending whether workers work a standard pattern of contracted hours which are unlikely to reach 48 hours or are closer to this limit and have varying work patterns. Employers have to keep up to date records of all workers who have opted out. 11 Reference to Other Documents NHS Terms & Conditions of Service Roster Policy Annual Leave & Statutory Holiday Policy Sickness Absence Policy Working Time Regulation (2008) and amendments

10 11 APPENDIX 1 Personal Employment Statement Form ANEURIN BEVAN UNIVERSITY HEALTH BOARD PERSONAL EMPLOYMENT STATEMENT Please complete this form and return it to your Manager as soon as possible. Name in Full: Staff No.: The European Working Time Regulations require each employee to inform their employer(s) of any additional work they undertake, either within the Organisation or outside it. This information is to determine your current TOTAL working hours per week. (Please see notes overleaf to assist your calculation). PART A Please complete the following table ONLY IF you undertake any work (paid or unpaid): My current employment commitments are as follows: - Employer(s) Department Job Title Average Hours per week Total Average Hours: Signed:.. Date:. If the employee also works on the Staff Bank please ensure that an opt-out form is held in both departments.

11 PART B Only sign here if you wish to be available for more than 48 hours per week (average) and confirm by signing below. (You are strongly advised to read the explanatory notes overleaf before your declaration). Any additional hours worked beyond your contractual commitment remains voluntary. I agree to work or being available to work more than 48 hours (average) per week over a 17 week period. Signed:.. Date:. I understand I can cancel this option giving reasonable notice in writing Department Head Action by Manager Action by System Signed: Signed: Signed: Date: Date: Date:

12 EXPLANATORY NOTES When considering your average hours worked, you will need to take into account work undertaken in all Organisations / Employments To calculate your average hours use the following formula: A = the total number of hours worked during the reference period B = additional hours which are counted as hours worked e.g. annual leave, study leave, sick leave etc. C= the number of weeks worked in the reference period i.e. 17 A+B = average number of hours worked per week C If you sign PART B: This enables you to opt out of the Working Time Directive which limits you to working an average of 48 hours per week over a 17 week period. (Working Time Regulation 12) You do need to inform your employer of any other hours that you work in other organisations in order that they can understand your working commitments. If you choose not to sign Part B. The Organisation s responsibility would then be to ensure that you do not normally work more than the 48 hours per week over the agreed 17 week averaging period. If you are unclear about any of the above points please seek advice from your Manager/Trade Union Representative/Professional Organisation. Average working hours must not exceed 60 per week over the 17 week reference period. PLEASE NOTE: If you do not return this form the Organisation will assume that your employment will be in compliance with the European Working Time Regulations.

13 12 Appendix 2 ANEURIN BEVAN UNIVERSITY HEALTH BOARD HEALTH ASSESSMENT QUESTIONNAIRE FOR NIGHT WORKERS The European Working Time Regulations require regular night workers/on-call staff to be offered an annual health assessment. In order for the Organisation to meet its obligations please complete the following questionnaire. A night worker is any worker whose daily working time includes at least 3 hours of nighttime on a regular basis or participates in an on-call system with the requirement to be available through the night. Night time is a period of at least seven hours including the period from 2400h 0500h e.g. 2300h 0600h. While workplace hazards are unlikely to change during night-time, risks may become greater where individuals are suffering from certain conditions which could possibly be aggravated by night work. There are few, if any, health issues which rule out night work completely. If this form is not completed and returned - Aneurin Bevan University Health Board will assume that you do not wish to participate in the Health Assessment. Mr/Mrs/Ms/ Miss* delete as appropriate Male / Female* Delete as appropriate Home Address: Post Code: Home Tel Number: First Name Date of Birth Work Tel Number: Surname Assignment Number Post (s) held: Post (s) held: Hours worked Hours worked Number of hours worked per night Start time End Time Number of nights worked per week Name of Manager Tel/Ext Nu: Department where night duty is performed: Participates in on call: Yes / No * delete as appropriate

14 POTENTIAL HAZARDS IN PROPOSED POST NO YES NO YES Work with VDU s (more than 5 hrs per week) Exposure to high noise levels Manual handling duties Work in confined spaces Work at heights Food preparation Regular repetitive tasks Driving duties Work with isocyanates Other (describe) DECLARATION I understand the above information and declare that the information given within this document is true and complete to the best of my knowledge. Employees Signature Managers Signature Date Date Manager s Note: If any of the above potential hazards in post have been ticked as YES this area needs to be risk assessed.

15 This page to be completed by the Employee only then forwarded to The Occupational Health Department. The information on this questionnaire will remain strictly PRIVATE & CONFIDENTIAL to the Occupational Health Department. Please answer the following questions. Please TICK No Yes 1. Do you suffer from Diabetes? Is your condition controlled by insulin tablets diet If YES does it cause you problems at night Please give details 2. Have you suffered from a heart or circulation problem such as angina or high blood pressure? If yes, please give details including medication No Yes Does it cause you problems at night? No Yes 3. Do you suffer from any digestive disorder e.g. ulcer? If yes, please give details Does it cause you problems at night? No Yes 4 Do you suffer from any condition which causes difficulty sleeping? If yes, please give details 5 Do you suffer from any medical condition requiring medication on a strict timetable? If yes, please give details Does it cause you problems at night? No Yes 6 Do you suffer from any chest disorder where night-time symptoms are particularly troublesome? If yes, please give details 7. Do you have any other health concerns arising from night work? If yes, please give details Signature: Date: FOR OCCUPATIONAL HEALTH DEPARTMENT USE ONLY Questionnaire clearance only Nurse Screening Medical Signature: Date: Outcome: