cehC/H/HFRA HR 15 6 07 Working Time Regulations/17 May 2007

Appendix A

Target Audience: All Employees

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WORKING TIME REGULATIONS

1 BACKGROUND

The Working Time Regulations (WTR) were introduced in 1998 as part of the Health and Safety at Work, suite of legislation. It applies to the majority of industries and work situations including the Fire Service. The main thrust of the legislation is to provide a set of requirements that an organisation must adhere to or be in breach of the regulations. The key ones, applicable to adult workers (these are different in some cases for young workers (under 18 years old)), are:

· Working hours Can only work an average of 48 hours, including overtime, in the agreed reference period. Unless the worker voluntarily signs an opt out clause. There is currently no UK legislative maximum working hours but the European Union are providing heavy pressure on the UK to remove the opt out clause or as a compromise have a maximum of 60 hours working a week.

· Rest Breaks Food break, unpaid, of 20 minutes in a working day of over 6 hours. 11 hours unbroken rest in each 24 hour period. 24 hours unbroken in each 7 day period. All averaged over the reference period.

· Holidays Right to have 20 days leave a year which could include public holidays again this is under review both to the amount of holiday and whether it should include bank holidays.

· Night workers For designated night workers there are additional requirements which include the right to an annual free health assessment if requested by the worker.

· Driver. They are subject to a linked legislation which if it applies places requirements on the number of driving hours, breaks etc.

Note 1: Reference period. The regulations say that all the above can be averaged out over an agreed period of time which, depending on the nature of the work, could generally be up to 26 weeks maximum, however they set a default period of 17 weeks if another period is not agreed this is the normal period.

Note 2: A common fallacy is that if a worker opts out then the regulations do not apply. This is totally incorrect it does still all apply, all it means is that the worker can chose to do more than 48 hours a week on average.

Note 3: Compensatory rest means that the worker may not get their break for one of the excluded reasons at the normal time they should but takes this at another time within the week/reference period which can include normal programmed time off, eg, for some workers at the weekend. It does not however mean the worker can work solidly for 14 weeks and then take the last 3 weeks of the reference period off as the compensatory rest; this would clearly be unsafe and unhealthy.

Note 4: The regulations use the term worker as this has a wider connotation than employee.

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2 SERVICE'S POLICY

It is impossible to determine every single worker's circumstances however, the Working Time Regulations are specific and it is therefore easier to specify the parameters under which the Service and all workers must work within. This is contained within the Service's Working Time Policy Statement and Collective Agreement shown at Appendix A. The key aspects though, in line with the Working Time Regulations HFRS require that no worker considering all qualifying work under the Working Time Regulations whether for HFRS and/or external organisations should:

If an opt out clause HAS been signed:

· Exceed 144 hours standby/cover time in each 7 day period

· Exceed 60 hours actual working time in each 7 day period

If an opt out clause HAS NOT been signed:

· Exceed 144 hours standby/cover time in each 7 day period

· Exceed 48 hours actual working time in each 7 day period

All requirements for rest breaks due, even where taken as compensatory MUST be maintained over a maximum 14 day period where legitimate exceptions under the Working Time Regulations do not allow this to be achieved within the 7 day period.

In the event of a conflict between this Service Order and other documentation, this Service Order will take precedence other than where the conflict is legislative.

3 WHAT IS WORKING TIME?

Any time at which the worker is at the disposal of the employer. This can include workers on standby but can in consultation with the Trade Unions be defined as only being working time (in some cases) when the worker is actually called out.

Any working time may accrue an entitlement to holiday. However, the Service holiday entitlements exceed the Regulations so this is unlikely to be an issue for the Service.

Note: Volunteers may well be deemed workers in some instances so this may not be excluded for some of the services our employees provide e.g. co-responders. Self employed are excluded from regulations BUT whilst working for HFRS or any other employer they must be fit to do the role so their self employment working may cross over to work covered by the regulations.

4 DOES THIS APPLY FULLY TO THE FIRE SERVICE AS AN EMERGENCY SERVICE

Yes it does in full. Like any business though there are exclusions for specific events such as continuity of service e.g. the fire crew is at an incident which goes over their watch end time, BUT the worker MUST still be given the breaks etc as soon as possible, (within 7 days or 14 days normally maximum), within the reference period called "compensatory rest.

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The only agreed differences are:

· Retained Duty System (RDS) employees are not counted as being at work whilst on standby.

· Drivers of fire engines are not covered under the Road Transport (Working Time) Regulations BUT if they are a driver under the regulations in their primary non HFRS role then they could well breach the regulations if they drive a fire engine e.g. as an RDS employee, during the required rest breaks etc from their non HFRS job or indeed acts as a crew member or undertakes any work during the required break.

Note: In any organisation managers who work longer hours can be excepted from the regulations but this would only generally apply to the Chief Officer and perhaps in HFRS to SMT members.

Temporary, agency and casual employees are also deemed as workers and are covered by the Working Time Regulations.

5 WHAT ARE THE PENALTIES

In 2005/6 35474 cases on working time were submitted to an employment tribunal. There have also been some high profile cases of workers either due to being tired after long working patterns being killed e.g. Produce connection fined £30,000 after their worker died travelling home from work after drifting into a lorry, he was thought to be suffering from chronic fatigue and had fallen asleep at the wheel after working 76 hours in four days. Or the Selby rail crash (driver fell asleep at wheel after working a series of shifts some 16 hours plus) or becoming stressed and going off sick some with permanent psychological damage from overwork (Walker) or recent (Reported August 2006) HR Professional at Intel UK awarded £114,000 so stressed at work (due to workloads) had a nervous breakdown.

The directors (the Chief Officer and SMT probably in HFRS) of an organisation and members in the public sector can be personally liable for health and safety breaches within the organisation. A worker is liable for their own acts and negligence but as in most legislative issues the organisation will not normally get away with any culpability even if the worker is solely or partly to blame.

Note: the WTR is a day one employment right that means the worker does not have to be employed for any length of time before they can bring out a claim.

Directors can be charged with manslaughter and face a prison sentence as potentially could members. They could also face personal fines and costs.

The organisation could, if an indictable offence, face no ceiling on the fine which may be imposed and a directors a possible prison sentence of up to 2 years. If manslaughter this could be a longer prison sentence.

The Health and Safety Executive are likely to take a very keen interest in the whole organisation if a serious breach is found.

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6 RESPONSIBILITIES OF WORKERS

Workers are responsible under the Health and Safety at Work Act 1974 for their own safety and that of others. If a worker wishes to work over 48 hours a week they must sign an opt out clause. A worker must take responsibility for their own well being and not work to excess and certainly not breach the requirement for breaks and maximum working hours set by HFRS as detailed in Appendix A of this Service Order.

Workers are required to participate fully in recording and monitoring of working time and to raise any personal OR wider concerns with their line manager.

All workers are required to declare in writing, via SO/1/2/20 on outside employment any external work undertaken any new work must be authorised by the Service following a review of the workers overall working hours.

If a worker wishes to exceed an average of 48 hours a week in all work (HFRS or otherwise) counted as working time, they must complete form FM/1/21.

7 RESPONSIBILITIES OF MANAGERS

Managers are responsible for ensuring workers working hours in all qualifying work under the Working Time Regulations are monitored. This should be done in a variety of ways. This list is not exhaustive:

· On recruitment to HFRS or for additional work.

· Annually under PDRS.

· If workloads change, eg, new projects, increase in volume.

· If a worker raises concerns over workloads.

· If a worker shows sign of unexplained stress, ill health, absence etc.

This is in addition to record keeping as required by the Working Time Regulations.

8 CONTRACT PRIMACY

HFRS is keen to support worker's lifestyles to the extent this is healthy for the worker and those affected by them and is within the Working Time Regulations. Whilst some roles within the Service such as the RDS could be classed as secondary employment, if the worker has a full time job with an external organisation. HFRS has determined in line with the Working Time Regulations that it will record and monitor all time that falls within the Working Time Regulations whether this is with HFRS or not.

Clearly to meet the Working Time Regulations and HFRS policy the worker may be faced with a choice on what contracts of work they can or cannot fulfil in order to remain within the legislation. Ideally this should be the worker's choice but if necessary HFRS will restrict or terminate HFRS contracts of employment where a mutual agreement cannot be reached which meets the Working Time Regulations and HFRS policy.

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9 YOUNG WORKERS

Different regulations apply to young workers. If a young worker (under 18 years old) is employed then a specific Health, Safety and Welfare Risk Assessment must be undertaken by the line Manager, which includes Working Time Regulation issues before the young worker commences work.

10 COMMUNICATIONS

10.1 General

These will be available on the website and via hard copy as appropriate. They will be updated as a result of any legislative changes.

10.2 Contractual

As contained in the Working Time Regulations, the Service Order on the Working Time Regulations and specific contract employment clauses. These will be updated in line with legislative and/or HFRS policy changes.

11 ADVICE

Advice on the interpretation of the Working Time Regulations Service Orders can be obtained from the Service's Health and Safety Adviser in the Occupational Health Unit.

12 MONITORING

Line Managers and workers are responsible as outlined above in ensuring that working hours are within the Working Time Regulations.

The Service Management Team will request reports on a bi-annual basis of higher risk areas and may commission specific investigations into working hours, in some areas, as a result of trends highlighted.

Whilst most working patterns and/or workers may be easier to identify as high, medium or low risk in respect of Working Time, workers and managers do need to monitor. Workers in the high band, eg, multiple contracts with HFRS and/or external or, high call out Retained Duty System stations need to be monitored more regularly than medium risk and medium risk monitored more than low. As noted in the Section on Responsibilities of Managers above, this should be reviewed as any element changes either individually for the worker or organisationally. If in doubt monitor, workers health, safety and welfare is at stake.

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13 MANAGERS TOOLKIT

This is shown at Appendix B (TO FOLLOW) and aims to assist managers to easily determine a worker's overall working hours and use this to agree a mutual way forward within the Working Time Regulations.

In some cases current or planned software may be available to highlight trends but currently this will be at best a mix of software reports and manual monitoring.

14 CONCLUSION

HFRS has no intention to unduly restrict worker's ability to work for whatever reason, however, workers managers and the 'Corporate Directors' have a legal (not Service related) requirement to ensure the Working Time Regulations are applied and monitored. This, as Health and Safety legislation is for the benefit of the worker and their co-workers and those to whom their acts affect and the consequences of long hours are very apparent in litigation, death and injury in families and friends.

Owner: Director of Human Resources and Training

Author: Deputy Head of Human Resources

Contact: Deputy Head of Human Resources

Review: 4/2010

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WORKING TIME POLICY STATEMENT AND COLLECTIVE AGREEMENT

1 INTRODUCTION

The Working Time Regulations 1998, are a health and safety at work measure implementing the European Working Time Directive 1993. The Regulations came into effect on 1 October 1998 and include basic entitlements and limitations concerning the organisation of working time. The Service supports the implementation of the Regulations as part of its general obligations to ensure the health and safety of all workers. Employees also have a duty to ensure they work within the Regulations. The term worker rather than employee has been used throughout this document in line with the Regulations definitions.

2 AGREEMENT BETWEEN

Hampshire Fire and Rescue Service, Unison, the FBU, RFU, FOA, APFO and GMB the Service's recognised Trade Unions, have agreed to the provisions outlined below. These provisions are connected to the obligations imposed by `The Working Time Regulations 1998', ("the Regulations").

3 SCOPE OF THE POLICY

This policy applies to all workers, (as defined under the Regulations), who have a contract of employment with the Service.

This document outlines the Service's position on the Working Time Regulations.

4 DEFINITION

The words which begin with a capital letter are defined in the Regulations and should be construed accordingly. Legal definitions of Key Terms as specified in this Agreement are attached as Appendix A1.

5 RECRUITMENT

All recruitment packs will include information concerning the Working Time Regulations (WTR) 1998 and in particular details of the 48 hour working limit. Candidates will be informed, via the Service's application process, of the requirement, where applicable, to inform the Service of any other work undertaken. They will be advised that where they work beyond 48 hours, even if this includes work (subject to categories of work which are excluded from the Regulations) outside the Service, they may be asked to sign an individual WTR opt out agreement.

If a young worker (under 18 years old) is employed then a specific Health, Safety and Welfare Risk Assessment must be undertaken by the line Manager, which includes Working Time Regulations, before the young worker commences work.

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6 DUAL/MULTIPLE EMPLOYMENT

Individual workers will be asked to seek permission, in writing, from the Service when they are considering having dual/multiple employment contracts. If this is given they will be asked to sign an individual WTR opt out agreement. This is particularly important where they work in two or more separate jobs for this Service. The Service requires that workers who have other jobs elsewhere (subject to categories of work which are excluded from the Regulations) declare their hours of employment. This is to enable the Service to meets its health and safety obligations under the Working Time Regulations and other legislation. This provision will be included in the Services application process and all contracts of employment. In line with Department for Communities and

Local Government (DCLG) guidance, employee's undertaking agreed work outside of HFRS work and/or who have their primary job outside of HFRS, are required to allow HFRS to contact their employers to ascertain regular working hours across all employment/work. Where this cannot be obtained from the employer the employee will be obliged to supply this.

Employee's who drive under the Road Transport (Working Time) Regulations in non HFRS employment are required by law to take requisite breaks. Whilst driving an HFRS fire engine does not count under the Regulations it will breach any breaks required if the employee drives in their non HFRS employment role inside legally set break requirements as would acting as a crew member or indeed undertaking any work of any kind. It is therefore unlikely a driver subject to the Road Transport (Working Time) Regulations could be employed by HFRS in any capacity. NB: Self employed drivers if not already covered by the above Regulations will be in March 2009.

Whilst genuinely self employed persons do not fall within the Working Time Regulations they do have a duty under the Health and Safety etc at work Act 1974 to look after themselves and others, and legally and under their HFRS contract of employment to ensure they work within Working Time Regulations, and do not compromise their health, safety and welfare or that of others.

HFRS is keen to ensure compliance with the Working Time Regulations but recognises that the nature of operational fire fighting and associated roles, requires a level of working time which can conflict with the WTR limit of 48 hours a week. Accordingly employees may agree, without coercion or enforcement, to sign a WTR opt out which they can rescind this with 7 days notice at any time. Where the 48 hours may be exceeded, workers with more than one employer will need to have agreements with each employer. If the employee does not sign a WTR opt out then they must not work or be required to work over the average of 48 hours over the reference period.

7 NIGHT TIME

Night time is deemed to be 2300 to 0600 for adult workers and 2200 to 0600 for adolescent workers.

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8 NIGHT WORKER

A night worker will mean a worker who works at least 3 hours of his/her daily working time during night time. Their working time will not exceed 8 hours over the rolling reference period. Regulations 6, 7 and 9. This will include employees on the station based and watch duty systems, for Fire and Rescue Services.

All short listed candidates for appointment, as night workers, will be required to complete a Night Workers medical assessment questionnaire in addition to the Services Pre Employment Health Questionnaire. This has, as a result of the case of CR.v. Attorney General for Northern Ireland Ex Parte Burns (1999) IRLR 315) has been defined by the DGLG as:

"That a worker who regularly works shifts that include nights (eg at least one per night, every week should be deemed to be a `night worker', for the purposes of the Working Time Regulations, irrespective of the shift pattern actually worked".

All night workers will be entitled to a medical assessment, (young workers are also entitled to a capacities assessment). Night workers will be asked if they wish to complete a medical questionnaire each year. The questionnaire will be assessed by medically qualified employees in the Occupational Health Unit. Where a worker has a health condition, which is aggravated by night work, he or she will be offered a transfer to day work where possible.

Young night workers will also be asked annually to provide information concerning their capacity to work at night. This information will include height, build and sustainability for night work

A worker is not obliged to complete the questionnaires other than prior to appointment. If they do not, decisions on their employment may need to take place without the benefit of such information.

The reference period for night work will be a rolling 26 weeks.

Responsibilities under the Disability Discrimination Act 1995 and 2005 will be considered.

Note: No night worker, as defined by the Regulations, is regarded as potentially carrying out work involving special hazards, or heavy physical or mental strain. This is confirmed by the DCLG in their guidance on the WTR as the risk to firefighters is recognised as being reduced or removed by procedures and Personal Protective Equipment (PPE).

9 SHIFT WORKER

Those designated as shift workers under Item 11 below. Regulation 10 (1) does not apply to the period between night shifts where this is less than 11 hours.

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10 REFERENCE PERIODS

For the purposes of Regulation 4, (maximum weekly working time), the standard reference period shall be 17 weeks for all workers who have hours specified in their contract of employment which are below 48 hours each week and not covered by exceptions. For Regulation 6, (length of night work), the standard reference period shall be 26 weeks. See also Items 7 and 8.

11 EXCEPTIONS

The following workers are deemed to fall within the Exceptions under Regulation 21 and 22, that is the Regulations do not apply to these workers under certain circumstances although compensatory rest should be given:

Post Title/Duties:	Main Rationale:
Firefighters on Station Based Duty Systems.	Shift Workers, Continuity of Service, unusual circumstances, exceptional events and accidents
Firefighters on Day Crewed Duty System.	Shift Workers, Continuity of Service, unusual circumstances, exceptional events and accidents
Firefighters on Retained Duty System	Continuity of Service, unusual circumstances, exceptional events and accidents
Watch Based Duty Systems	Shift Workers, Continuity of Service, unusual circumstances, exceptional events and accidents
Flexible Duty System employees.	Continuity of Service, unusual circumstances, exceptional events, accidents and unmeasured Working Time in some instances
Workshop employees on: standby/call out.	Continuity of Service, unusual circumstances, exceptional events and accidents
Media and Communications employee's on: standby/call out.	Continuity of Service, unusual circumstances, exceptional events and accidents
Information Services employees on: standby/call out.	Continuity of Service, unusual circumstances, exceptional events and accidents.
MIRG Team.	Continuity of Service, unusual circumstances, exceptional events and accidents
Co-Responder Team.	Continuity of Service, unusual circumstances, exceptional events and accidents
USAR Team.	Continuity of Service, unusual circumstances, exceptional events and accidents
UKFRS SAR Team.	Continuity of Service, unusual circumstances, exceptional events and accidents
Animal Rescue Team.	Continuity of Service, unusual circumstances, exceptional events and accidents
Fire Setters Team.	Continuity of Service, unusual circumstances, exceptional events and accidents
Princes Trust Team.	Continuity of Service, unusual circumstances, exceptional events and accidents
Operational Equipment Technicians.	Continuity of Service, unusual circumstances, exceptional events and accidents.
Incident Support Teams.	Continuity of Service, unusual circumstances, exceptional events and accidents
Directors and Area Managers or equivalent.	Continuity of Service, unusual circumstances, exceptional events, accidents and unmeasured Working Time

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12 7 AND 14 DAY PERIOD

A 7 and 14 day period is deemed to start at midnight between Sunday and Monday.

13 CALL OUT

13.1 11/12 Hours Daily Rest Break

This policy affirms that all adult workers with `call out/standby' arrangements as part of their contract of employment will be excluded (subject to being given compensatory rest, see below) from the entitlement to 11 hours' consecutive rest, (see Note 1 below). Compensatory rest, (Regulation 24), will be provided as soon as possible thereafter, although this may include times where the employee is off shift/at home during weekends/evenings. (see Note 2 below).

The following workers fall within this category and are therefore excluded from this provision by virtue of Regulation 21. NB: Adolescent workers are not excluded and will be provided with 12 hour rest breaks:

· Flexible Duty System Employees

· Workshop Employees on standby/call out

· Media and Communications employee's on standby/call out

· Information Services employee's on standby/call out

· MIRG Team

· Co-Responder Team

· Retained Duty System employee's

· USAR Team

· UK FRS SAR Team

· Animal Rescue Team

· Fire Setters Team

· Princes Trust Team

· Operational Equipment Technicians

· Incident Support Teams

· Directors and Area Managers or equivalent

Note 1: Workers in the Retained Duty System, MIRG, USAR, Animal Rescue, UK FRS SART, Co-Responder, Fire Setter and Princes Trust Teams, work non-standard hours. On occasion, this may mean that the worker on a regular basis does not have a break of 11 consecutive hours in each 24 hour period during which he/she works for the Service. The Service shall do its best to ensure that this does not occur more that 3 times in every 7 days. However, due to limited resources, it may be unavoidable and the worker may be expected to work when requested. However, the worker and Service will be required to observe health, safety and welfare requirements and the Service should not require or expect a worker to continue nor should the worker continue if they are not fit to do so.

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Note 2: The Service shall ensure that the worker receives compensatory rest. For the purposes of this agreement, the worker will have received compensatory rest if time worked into required rest breaks is added to the 11 consecutive hours rest break due in the next 24 hour period, or to the (24/48) hour uninterrupted rest period due in each (7/14) day period, so the total compensatory rest equals the daily and/or weekly required rest breaks in total. With agreement with their Manager, the worker may locally negotiate individual changes to suit their own, and the work's requirements.

13.2 24/48 Hour Rest Period

The Regulations state that a worker should have an uninterrupted rest period of not less than 24 hours in each 7-day period or an uninterrupted rest period of 48 hours, (adult workers), in each 14-day period. However, some of the adult workers namely:

· Firefighters on: Station Based Duty Systems

· Firefighters on : Day Crewed Duty System

· Watch Based Duty Systems

· Flexible Duty System employees

· Workshop employees on standby/call out

· Media and Communications employee's on standby/call out

· Information Services employee's on standby/call out

· MIRG Team

· Co-Responder Team

· Retained Duty System employee's

· USAR Team

· UK FRS SAR Team

· Animal Rescue Team

· Fire Setters Team

· Princes Trust Team

· Operational Equipment Technicians

· Incident Support Teams

· Directors and Area Managers or equivalent on rota

Work in a field which requires continuity of service and unusual circumstances, exceptional events and accidents, and are therefore excluded from this provision by virtue of Regulation 21. NB: Adolescent workers are not excluded and will be provided with their rest periods.

The employees groups listed above will, if operationally possible, be allocated uninterrupted rest periods as outlined in the first sentence of this clause. If this is not possible, over a 28 day period, the adult worker shall have rest periods which total 96 hours. Each rest period shall be for a minimum of 24 hours. Annual holiday entitlements and sick leave cannot be counted towards this.

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13.3 Unmeasured Working Time

DGLG and/or GMB guidance advises where the duration of Working Time is not measured or pre determined or can be determined in whole or in part by the employee, the 48 hour limit, length of night work and rest breaks and breaks do not apply. Where an employee can determine part only of his/her working time, that period does not count towards the 48 hour limit. This derogation is most likely to apply to principal officers and some flexi-duty employees.

13.4 Working Time Daily Rest Break

It is believed that no adult workers work regularly continuously for more than 6 hours in one working day (in the case of adoelescent workers for more than 4.5 hours), where, due to the nature of the work, it is not practicable for the adult worker to have an unpaid (Green Book), paid (Grey Book), 20 minute break away from the workplace. NB: An adolescent worker's entitlement cannot be excluded.

It is believed no workers' work is monotonous to the extent they are entitled to a 10 minute break every 2 hours.

As detailed, for all workers listed in Items 11 and 13, the daily, weekly and rest break provisions are disapplied, (subject to the compensatory rest provisions). This includes adolescent workers, except where the entitlement cannot be disapplied.

Note: In the event of the need for continuity of service, breaks will be allocated to meet health, safety and welfare requirements as deemed necessary under dynamic risk assessments done at the time of an incident by managers in charge.

14 LEAVE YEAR

The leave year is deemed to be from the 1 April to the following 31 March.

15 ANNUAL LEAVE

All workers will be entitled to a minimum 20 days annual leave, (Regulations 13-16) or equivalent in hours depending on working patterns. The Service operates a more generous allocation. For workers currently on Local Terms and Conditions, this will include Public Holidays and extra statutory days. This entitlement is pro-rata for part-time, fixed term, temporary and casual workers. Where flexible working practices exist, eg variable, non-fixed hours, shifts etc, annual leave will be allocated using agreed methodologies, see Service Order 1/15.

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Where any disagreement arises over the allocation of annual leave the worker should use the Service's Grievance Procedure see Item 16 below. If a worker moves to another Service or employer covered by the Redundancy Payments (Local Government) Modification Order 1983 as amended, (without a break in service), he/she shall receive payment for outstanding statutory leave unless he/she chooses to transfer all outstanding contractual leave to that employment, subject to the terms of his/her new employment.

When employment is terminated, by either side, the worker will be entitled to payment for any outstanding untaken statutory annual leave. Termination includes resignation or dismissal.

NB: Payments/leave will be backdated to all workers entitled under the Regulations with effect from 1 October 1998.

16 WORKING TIME

The following circumstances will normally count as working time unless covered by other agreed arrangements:

16.1 Overtime

Overtime outside of contracted hours. Note: Unplanned overtime in respect of an incident where this is unavoidable and relief crews are being organised and transported would generally be excluded.

16.2 Standby at Home

Standby at home is excluded BUT when called out this will count as working time. This will include:

_ Flexible Duty System employees

_ Workshop employees on standby/callout

_ Media and communications employees on standby/callout

_ MIRG team

_ Information Services employees on standby/call out

_ Co-responder team

_ Retained duty system employees

· USAR team

· UK FRS SAR team

· Animal rescue team

· Princes trust team

_ Operational Equipment Technicians

· Incident support team

· Firesetter team

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· Travel outside of normal rostered duty hours, to and from duty at a place other than the normal place of duty, eg, travel to and detachment to a fire station.

· Travel to and from HFRS training courses other than at the normal place of duty.

· On those occasions where a worker is at the disposal of the Service (and actively engaged on Service business) during their meal breaks and rest breaks.

· Where a worker is on call and actively working at the Service's disposal and performing their activities or duties including travelling time when called out, including worker standby where the (generally Retained Duty System employees) are called in to wait at their own station or another rather than on standby at home.

· Where a worker is travelling in the exercise of their work duties excluding time spent travelling between home and normal place of work, eg, travelling to a business meeting.

· Where work is performed away from the normal place of work on a basis agreed with the individual's manager and the time is properly recorded, for example, welfare visits to workers at home, drafting a document at home.

· Where a worker is required to attend work related functions as part of their duties.

· Where a worker is spending agreed time carrying out staff association, trade union or health and safety responsibilities.

· External training and development and post qualification courses where the element of what is deemed working time has been agreed with the line Manager in advance.

Note : If a worker is on paid leave, off sick or on maternity leave these do not accrue leave unless otherwise agreed by organisation and would be excluded from leave calculations and would extend any working time reference periods by the length of absence in relation to them.

17 MAXIMUM WORKING TIME AND STANDBY/COVER TIME

In line with the Working Time Regulations HFRS require that no worker considering all qualifying work under the Working Time Regulations whether for HFRS and/or external organisations should:

If an opt out clause HAS been signed:

· Exceed 144 hours standby/cover time in each 7 day period

· Exceed 60 hours actual working time in each 7 day period

If an opt out clause HAS NOT been signed:

· Exceed 144 hours standby/cover time in each 7 day period

· Exceed 48 hours actual working time in each 7 day period

All requirements for rest breaks due, even where taken as compensatory MUST be maintained over a maximum 14 day period where legitimate exceptions under the Working Time Regulations do not allow this to be achieved within the 7 day period.

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18 RECORD KEEPING

Function Heads and/or line managers and/or Human Resources/Occupational Health will keep records as required by Regulations 9, 28 and 29 of:

· Actual hours worked where workers have agreed to work in excess of 48 hours a week.

· Night Workers.

· Collective Agreements disapplying any of the Regulations.

· Offers of health/capacities assessments made to workers and assessment results.

· Any workers who work nights.

· Where required by Service Order, workers with more than one employment, (where advised), either employment with HFRS or other organisations, Retained Duty System employees, and day crewed employees may be monitored more vigorously due to risk and in accordance with DCLG guidance.

These will be available for inspection by Trade Union Representatives, individuals with reasonable requests and the HSE subject to individual rights under the Data Protection Act. Where records are found not to be readily available and are required to check employment rights, (where a mutually acceptable agreement cannot be reached between the Service and worker/Trade Union Representative), attempts will be made to compile such records.

Records will be kept for a minimum of 3 years to comply with any potential claim that may be made by an employee and, where applicable, and/or appropriate will be kept for longer to meet COSHH and health record retention.

19 AGGRIEVEMENT

Where a worker feels aggrieved that he/she may not be receiving their due entitlement, they are required in the first instance, to raise it with their Manager. If this does not provide satisfaction then the Service's Grievance Procedure SO/1/2/1 should be invoked. A worker will suffer no detriment related to asserting right(s) under the Working Time Regulations, (Regulations 30-32).

20 APPLICATION AND REVIEW

This agreement shall be binding on all the workers of HFRS and shall remain in force for 5 years from the date of issue or until such time as it requires amendment due to changes in Policy/Legislation etc. It shall be reviewed annually by Officers of the Service and the recognised Trade Unions.

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Appx A1

Page 1

(SMT 4/07)

WORKING TIME POLICY STATEMENT AND COLLECTIVE AGREEMENT

The Regulations include a list of interpretations which provide the framework for application. The key definitions are listed below in alphabetical order and as they appear in the Regulations:

SO/1/21

Appx A1

Page 2

(SMT 4/07)

SO/1/21

Appx A1

Page 3

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FM/1/21 (SMT 4/07)

WORKING TIME REGULATIONS

OPT OUT AGREEMENT

Workers with more than one contract of employment with HFRS and/or any other employer(s) are required to complete a separate Opt Out Agreement with each individual employer.

Please read the `Information for Workers' leaflet before completing this form.

I hereby agree that the 48 hour limit on average weekly working time should not apply to me. I note that this will enable a maximum working time of up to 60 hours a week and a maximum cover/standby/call out of 144 hours a week inclusive of the 60 hours working time, over the agreed reference period(s).

I understand that this agreement:

· Is for an indefinite period*

· Will end on * (date to be chosen and inserted by the worker)

* Delete as appropriate

I understand that I can terminate this agreement if I no longer wish to work more than an average of 48 hours per week. I understand that to bring this agreement to an end, I need to give at least 7 days written notice of my intention to do so to the Employee Relations Team, Human Resources Department, Service HQ.

I agree to ensure that I will not jeopardise the safety of myself, other workers in the Fire Service, or the public by attending work when not in a fit state owing to an inadequate period of rest prior to the commencement of duty, and that I will ensure that any compensatory rest is undertaken within 7 days or at an absolute maximum within 14 days.

I agree to ensure that by undertaking other employment activities, this will in no way adversely affect my ability to perform in my main or secondary occupation(s) to the standard required by my employer(s). I also undertake that any changes to my circumstances increasing working hours for a reasonable period of time (over 4 weeks) either in existing work or by undertaking additional employment (subject to the provisions of SO/1/2/20 `Outside Employment') will be notified to my line manager at the earliest opportunity so a review of my working hours can be undertaken.

I understand that failure to attend for work or meet the terms of my contract of employment as a result of inadequate rest occasioned by working over 48 hours on average could result in the termination of one or more of my contracts of employment with HFRS or such other sanctions as may be considered appropriate to meet the Working Time Regulations and my health, safety and welfare and that of others.

I confirm that I have read and accept the conditions listed above.

YOUR COMPLETED FORM WILL BE HELD ON YOUR PERSONAL FILE

YOU SHOULD RETAIN A COPY OF THIS FORM FOR YOUR OWN RECORDS

Appendix B

IMPLEMENTATION CHART WTR

* MARKETING AND EDUCATION THROUGHOUT *

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