European Working Time Directive

Dr Andy Downs, LTPD, Durham & Tees Valley GP training Programme

European Working Time Directive

And its impact on GPStRs in practice


Several main features Compulsory mid shift break

◦ Essentially a lunch break Compulsory daily rest Compulsory weekly rest Maximum number hours worked per week

Overview


Deal with this first as it is easiest Maximum 48 hours is averaged

◦ Either over the duration of the post◦ Or over six months whichever is shorter

This will not affect GPStRs (unless they do locums)

GPStR contract 40hrs +36 hours OOH (in 6 months)

=41.5 hours per week averaged over six months

Maximum 48 hours per week


Exceeding this in any one week is OK

As long as the compulsory rests periods are not lost

Maximum 48 hours per week


GPstR Contract 40 hrs

1 session protected teaching (Tutorial)

1 session self directed

1 session Half Day Release – when on


They must be allowed 20min break for working days that exceed 6 hours

They must be free of duties completely

The test - can they do what they wish during this time without notifying anyone else – if not they are not free of duties

(See later for definition of work)

“Lunch Break”


A minimum of 11 continuous hours rest in every 24 hours

Please note not per day but for every (rolling) 24 hours

After every working day – max shift 13 hours

This usually means that time is required before and after an OOH shift

Daily Compulsory Rest


Continuous 24 hours rest after every 6 days

OR

Continuous 48 hours rest after every 12 days

Weekly Compulsory Rest


Practice Meetings Personal Study Time (the half day) Half day Release Travel between sites (including HDR & OOH) Oh…………and seeing patients!

NOT travel to work

What Counts as work?


BUT…….

• Yes – I know its not what we did in our day– I know its not how we work even

now• And– It IS the LAW–Breach of EWTD can incur a £5,000

fine


Daily Compulsory Rest

Some examples


Normal Day 9.5 hrs Normal Day 9.5 hrs

08:

30 18:

00

18:

00

08:

30

14.5hours rest

Normal Day


Normal Day 9.5 hrs

OOH 19:00 - 01:00

Normal Day 9.5 hrs

08:

30 18:

00

18:

00

08:

30

7.5hours rest

Evening Shift

Just get on with it – no longer an option


Normal Day 9.5 hrs

OOH 19:00 - 01:00

Shortened Day

08:

30 18:

00

18:

00

12:

00

11hours rest

Evening Shift – let them start late

08:30

14 hours work – 7.5 hours rest (as a block)


Normal DayOOH

22:00 - 01:00

Normal Day

08:

30

18:

00

18:

00

08:

30

4 hours rest 7.5hours rest

More than 11 hours – But not continuous

Late Evening Shift


Shortened Day

OOH 19:00 - 01:00

Shortened Day

12:

00

18:

00

18:

00

12:

00

11hours rest13 hours work

Evening Shift


Normal Day Rest Day 11hrs

08:

30

18:

00

18:

00

08:

30

6 hours rest

OOH 24:00 - 08:00

Overnight Shift


shortened Day Rest Day 11hrs min

08:

30

13:

00

11hours rest

OOH 24:00 - 08:00

Guidance suggests that overnight shifts should be no longer than 8 hours. Difficulty for our registrars is the mixture of OOH and normal day time duties

Overnight Shift


EWTD - FAQ Questions from September 2011 workshop


What if trainee wants to work longer than the EWTD limit? They can’t They have a professional duty not to put

themselves in breach of the EWTD In the event of a complaint it is likely this

would be counted as contributory negligence

If you collude and allow this you would be in breach of the EWTD


Unpaid work : does this count? Yes it does


Locums? They are contractually obliged to inform you You must agree (also see longer hours) I would advise recording any such

discussion on the Educators Notes taking into account their current progress


Running late? if trainee consistently runs over, is this still counted?

When calculating time spent on work, you should reasonably estimate the expected duration

Perhaps ask them to complete a time / motion diary if in doubt

Always taking one hour longer on clinics becomes a performance issue but still has to be taken into account when calculating time spent working


Reasonable Adjustment with experience The time allocated for registrar doing house calls should vary

depending on experience


Administration work Staying behind to finish off letters, reports, do lists etc - time for administration should be identified on the

timetable


Can break be coffee time? Yes As long as this does not include any work or

expectation of work 20 minutes must be free from all duties – ie

no phone calls, messages etc


What about the BMA model contract?

The BMA is working on a updated version This will be released soon


On-call A break of at least 20 minutes is required

even when on call The simplest solution would be to “pass the

bleep” to the supervisor for this time


Request Trainers would find a sample timetable

helpful Earlier allocation of NDUC sessions would

help planning A consistent approach to working time lost

from EWTD is required Asking registrars to work a number of extra

sessions pre-emptively which can be cancelled if not required, is easier to manage than seeking extra shifts later on

Documents

European Working Time Directive