HOURS OF WORK POLICY
The Company accept the Network Rail Policy on working time and has implemented its own policy for all staff and operatives including sub-contractors.
Introduction
This statement sets our Policy in respect of any duties that maybe incurred as a result of working excessive hours.
The Company has taken into account the requirements of the relevant Railway Industry and Company Standards. Consideration also is given to the Working Time Directive Regulations 1998 and the Railways and Other Guided Systems (Safety) regulations 2005 Provided that employees and sub-contractors adhere to the provisions of this policy they will normally be able to demonstrate compliance with the Industry Standard and Railway Regulations.
It is important, therefore, that all persons concerned are made aware of this statement and become familiar with its contents.
Policy
The Company will take all reasonable steps to ensure that employees or contractors are made aware of the contents of this statement, together with the relevant sections of the Industry Standard and the implications therein. Furthermore, as a responsible employer we will have in place procedures to prevent, in so far as it is reasonably practicable, an offence under Railway Regulations, and a monitoring process to measure the effectiveness of such procedure.
This policy also extends to the requirements of London Underground Limited (LUL) when working on any LUL Premises or location – please see the separate section attributed to LUL working hour’s requirements
Requirements
Consideration needs to be given to Door-to-Door work and travel time and in accordance with the current Network Rail Company Standards (NR/L2/OHS/003). This guidance note identifies door-to-door time should not be planned to exceed 14 hours. Door-to-Door time is defined as a period of time that is the combined travel and work time. There is no maximum travel time within the limit, but employers should have a suitable risk assessment process for managing periods of travel they consider excessive. Where the 14 hours is likely to be exceeded a robust assessment of imported risk will be undertaken
This assessment will also consider the fatigue of employees to ensure that that element of the exceedance is correctly managed.
Where the need arises, the company will elect to place staff/operatives/employees into bed and breakfast accommodation as a minimum requirement to ensure that the staff/operatives/employees are correctly rested prior to leaving any work site where an exceedance has occurred or where there is a potential safety risk of driving through fatigue
Due to the nature of their activities and employees deployed Richardson Rail Services Ltd will maintain single source sponsored staff to assist in the management and control of working hours and fatigue
It is a requirement of the Company that the working time of employees and sub-contractors comply with the following limits:
Level 2 Triggers never to be exceeded
>72 Hours in Seven Days
>35 FRI Daytime
>45 FRI Nighttime
>1.6 FRI Risk Score
Level 1 Triggers (Mitigations could be possible in line with OHS/003 and Emergency changes)
>60 hours but <72 Hours in Seven Days
<12hrs between shifts
>13 in 14 days
>14 hours door to door
Minimum Rest Periods
Minimum rest period of 12 hours between booking off from a turn of duty to booking on for the next turn.
Working time is to be no more than 14hrs including driving time and fatigue must be considered and managed accordingly
1.4 London Underground Working Hours Arrangements
When any staff or contractors are deployed on LUL infrastructure, they will at all times be compliant with the Work Time Directive and any subsequent amendments. There may be occasions where the ‘Opt out’ clause has been applied. Where this has been selected the Designated Employees Representative (DER) for LUL may request verification of this agreement prior to mobilisation on the LUL railway infrastructure.
Hours to be worked by all personnel are as follows:
Work not more than 6 shifts within 7 consecutive days
Work not more than 72 hours within 7 consecutive days
In any one shift not more than 12 hours or other lesser period, considered by the DER as appropriate to the health & safety requirements for the particular task to be undertaken
Have a MINIMUM of 11 hours rest break between shifts.
Exceptional Circumstances
Exceeding working time limits
In emergency situations, to cover essential work only, and provided no alternative arrangements can be made, the limits shown in 1.1 to 1.3 may be exceeded if authorised by the customers nominated representative on site, who must also assess the ability of individuals to carry out duties without affecting the safety of themselves or others prior to authorising extended hours.
Records to be kept
The person authorising the variation must record the actual times worked, and the reasons why such authority was given. This record must be monitored and subjected to audit.
Definitions
14-Day period Any 14 successive days, starting and ending on
any day of the week.
Hours Worked Actual (not rostered) paid hours of work, inclusive of paid travelling / walking time and paid meal breaks.
Week In clause 1.2 refers to a paybill week.
Emergency/Call Circumstances which cannot be anticipated and which threaten serious disruption to service, e.g. severe weather condition such as fog, flooding or heavy snow, breakdowns, accidents or sudden illness to a key member of staff.