Taking care
Wellbeing, safe working and how to say “no”
Regulations in a hospital setting
In terms of health and safety law and rights, there are numerous ways that employees can say “no” to their employer and help protect their wellbeing. Rhys Martin, the SoR’s health and safety policy officer, explains that one of the best routes is through the Working Time Directive.
All workers
• Cannot be forced to work more than 48 hours a week on average. Work-related travelling, working lunches and job-related training count as working time. So does representing members as a trade union representative. Working time does not include travelling to and from work, lunch breaks or additional training undertaken by choice and agreement outside of normal working time. Training to maintain practice standards would be included as working time.
• Have a right to 11 hours of uninterrupted rest between shifts (known as the daily rest break).
• Have a right to a day off each week, that is, one uninterrupted period of at least 24 hours of rest in every seven days.
• Have a right to in-work rest periods if the working day is longer than six hours. This must be at least 20 minutes’ continuous break away from work responsibilities. It should not be at the start or end of a shift as this, by definition, is not providing a “break”.
• Have a right to a minimum of four weeks of paid leave a year.
Night workers
• Should not work longer than eight hours daily on average, including overtime where this is part of their normal hours or work. A night worker will work at least three hours between 11pm and 6am.
• Have a limit of an average of eight hours in any 24 which they are required to work.
• Are entitled to receive a free health assessment, the outcome of which must be considered by all parties.
• Where a night worker’s work involves special hazards or heavy practice or mental strain, there is an absolute limit of eight hours on the worker’s working time each day – this is not an average. This is important for radiographers, who will almost always be included in this category of worker. While the regulations allow for some variation in hospital settings (see below), which can create a tension, both employees and employers need to recognise that these limits will be used to guide liability for personal injury claims.
What can be varied
• Workers can agree to work longer than the 48 hours on average by opting out of the Working Time Directive. Even if not opted out, members can agree to the reference period for working time limits to be extended up to 52 weeks. However, the calculation period for compensatory rest must be applied unless someone has agreed to opt out. Agreeing to a long-term opt-out is allowed under the regulation. However, the SoR recognises this is dangerous to staff and patients, and believes there is enough flexibility in the 48 hours to prevent any need for an opt-out.
If a patient is injured in circumstances where members are working beyond the limits of the regulations, then the trust and the member could be liable. If a member dies as a consequence of working excessive hours, their estate could hold the employer liable.
• The night working limits, rights to rest periods between shifts and rest periods during a shift can be changed in a hospital setting operating a 24-hour service and where an emergency or something unforeseen occurs. This only allows for the weekly working time limit reference period to be extended. Compensatory rest must still be given.
• Workers can agree to aggregate their weekly rest period to a minimum of two days of 48 hours’ uninterrupted rest in any 14-day period. It is illegal to remove the weekly rest break entirely.
What cannot be varied
• The daily rest break – it is illegal not to allow an uninterrupted 11-hour period between shifts.
• A weekly rest period of at least one uninterrupted break of 24 hours in every seven days or 48 hours in every 14 days.
• The right to a rest break after six hours – this can be applied flexibly but must happen during a shift and allow a genuine and uninterrupted break. It cannot be put at the start or end of a shift.
• Medical assessments for all night workers
• The need to make a worker aware of their right to opt in should they wish to do so.
Find out more...
The SoR's RADIATE wellbeing programme is a series of regular webinars and a range of resources to help you care for yourself so that you can care for others.
Check out the SoR's new series of webinars: The Students’ and New Professionals’ Confidence Series.
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