european working time directive
DESCRIPTION
European Working Time Directive. And its impact on GPStRs in practice. Overview. Several main features Compulsory mid shift break Essentially a lunch break Compulsory daily rest Compulsory weekly rest Maximum number hours worked per week. Maximum 48 hours per week. - PowerPoint PPT PresentationTRANSCRIPT
Dr Andy Downs, LTPD, Durham & Tees Valley GP training Programme
European Working Time Directive
And its impact on GPStRs in practice
Dr Andy Downs, LTPD, Durham & Tees Valley GP training Programme
Several main features Compulsory mid shift break
◦ Essentially a lunch break Compulsory daily rest Compulsory weekly rest Maximum number hours worked per week
Overview
Dr Andy Downs, LTPD, Durham & Tees Valley GP training Programme
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
Dr Andy Downs, LTPD, Durham & Tees Valley GP training Programme
Exceeding this in any one week is OK
As long as the compulsory rests periods are not lost
Maximum 48 hours per week
Dr Andy Downs, LTPD, Durham & Tees Valley GP training Programme
GPstR Contract 40 hrs
1 session protected teaching (Tutorial)
1 session self directed
1 session Half Day Release – when on
Dr Andy Downs, LTPD, Durham & Tees Valley GP training Programme
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”
Dr Andy Downs, LTPD, Durham & Tees Valley GP training Programme
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
Dr Andy Downs, LTPD, Durham & Tees Valley GP training Programme
Continuous 24 hours rest after every 6 days
OR
Continuous 48 hours rest after every 12 days
Weekly Compulsory Rest
Dr Andy Downs, LTPD, Durham & Tees Valley GP training Programme
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?
Dr Andy Downs, LTPD, Durham & Tees Valley GP training Programme
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
Dr Andy Downs, LTPD, Durham & Tees Valley GP training Programme
Daily Compulsory Rest
Some examples
Dr Andy Downs, LTPD, Durham & Tees Valley GP training Programme
Normal Day 9.5 hrs Normal Day 9.5 hrs
08:
30 18:
00
18:
00
08:
30
14.5hours rest
Normal Day
Dr Andy Downs, LTPD, Durham & Tees Valley GP training Programme
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
Dr Andy Downs, LTPD, Durham & Tees Valley GP training Programme
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)
Dr Andy Downs, LTPD, Durham & Tees Valley GP training Programme
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
Dr Andy Downs, LTPD, Durham & Tees Valley GP training Programme
Shortened Day
OOH 19:00 - 01:00
Shortened Day
12:
00
18:
00
18:
00
12:
00
11hours rest13 hours work
Evening Shift
Dr Andy Downs, LTPD, Durham & Tees Valley GP training Programme
Normal Day Rest Day 11hrs
08:
30
18:
00
18:
00
08:
30
6 hours rest
OOH 24:00 - 08:00
Overnight Shift
Dr Andy Downs, LTPD, Durham & Tees Valley GP training Programme
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
Dr Andy Downs, LTPD, Durham & Tees Valley GP training Programme
EWTD - FAQ Questions from September 2011 workshop
Dr Andy Downs, LTPD, Durham & Tees Valley GP training Programme
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
Dr Andy Downs, LTPD, Durham & Tees Valley GP training Programme
Unpaid work : does this count? Yes it does
Dr Andy Downs, LTPD, Durham & Tees Valley GP training Programme
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
Dr Andy Downs, LTPD, Durham & Tees Valley GP training Programme
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
Dr Andy Downs, LTPD, Durham & Tees Valley GP training Programme
Reasonable Adjustment with experience The time allocated for registrar doing house calls should vary
depending on experience
Dr Andy Downs, LTPD, Durham & Tees Valley GP training Programme
Administration work Staying behind to finish off letters, reports, do lists etc - time for administration should be identified on the
timetable
Dr Andy Downs, LTPD, Durham & Tees Valley GP training Programme
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
Dr Andy Downs, LTPD, Durham & Tees Valley GP training Programme
What about the BMA model contract?
The BMA is working on a updated version This will be released soon
Dr Andy Downs, LTPD, Durham & Tees Valley GP training Programme
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
Dr Andy Downs, LTPD, Durham & Tees Valley GP training Programme
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