CODE OF GOOD PRACTICE ON WORKING TIME

THE Basic Conditions of Employment Act has published a Code of Good Practice (CGP) for the arrangement of working time. This code has been effectively used over many years but to a large degree employers are ignorant of some of the aspects especially the health aspects.

Now after having been subject to lockdown during the Covid-19 period many employers are heeding the call from the Department of Health and the Department of Employment and Labour to try and stagger working time. The idea is to keep social distancing and also keep the staff healthy.

Another benefit of the arrangement of working time is that employers can manage their staff complement in accordance with the required productivity. However, this management of working time must, under all circumstances, be structured with regard to health and safety laws.

The objective of the code is to provide information and guidelines to both employers and employees concerning the arrangement of working time and the impact on the health, safety and family responsibilities of the employees. This structuring must be done in accordance with the health and safety legislation and with due regard to this CGP.

Employees who perform shift work or who regularly work at night should be carefully monitored and their health taken into account. All workplaces must protect and promote the health and safety of their employees. All structured working time must be done in accordance with the Occupational Health and Safety Act.

Employers must conduct a risk assessment and identify hazards that may pose a risk to the health and safety of the employees. In line with this, employers must implement appropriate measures to eliminate or control hazards. There will normally be a health and safety representative and a committee at most workplaces.

As with the employer all the employees have a duty to take reasonable steps to protect their own health and safety. Shift rosters must be sensitive to the impact on employees and their families. Usually, employees are approached to explain their work preferences for the different shift systems. The employees’ views of the advantages and disadvantages should be taken into account. One aspect which is always debated is the availability of transport to and from the place of residence and the personal security of the employees whilst commuting. Another aspect that has to be discussed is the child-care needs of each employee.

Overtime should be avoided especially in occupations involving hazards or heavy physical or mental work. The code talks about a brief period of overlap between the changeover from one shift to another. These shift schedules should be displayed and distributed to every worker. The workers must also receive reasonable notice of their shifts and any foreseeable changes.

Workers who are pregnant or breastfeeding or those with specific family responsibilities must be treated slightly differently.

Also, older and disabled workers should have their preferences taken into account. Any workers with health problems need to discuss these with their employer. The physical circumstances of the business premises must be taken into account.

When there is a request to limit night work, weekend work and work on public holidays, every employer has a duty to allow employees who request such to undergo a medical examination. The employee is entitled to that examination at the time of commencing regular night work.

There might be a need for further examinations at certain intervals. The examination must be performed by a medical practitioner, or a health professional and the cost of the examination would be for the account of the employer.