21338 PROCEDURE HEALTH & SAFETY WORKING TIME PROCEDURE FOR POLICE OFFICERS & POLICE STAFF. 2. Risk Assessments / Health and Safety Considerations

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1 Version 4.2 Last updated 04/12/2014 Review date 04/12/2017 Equality Impact Assessment Low Owning department Health and Safety / Risk 1. About this Procedure 1.1. This procedure explains the requirements of the Working Time Regulations in association with the Force working time agreements and is aimed at all police staff and police officers with the exception of Chief Superintendents and Superintendents who have their own procedure. 2. Risk Assessments / Health and Safety Considerations 2.1. Under the Working Time Regulations 1998 the force has a legal duty to ensure that staff do not work more than a weekly average of 48hrs and receive the appropriate rest periods as prescribed under the regulations. 3. Procedure Definitions 3.1. Working Time Any period during which a person is working at their employer s disposal and carrying out their activities or duties, any period they are receiving relevant training and includes additional time than they would normally spend travelling to work for locations other than the normal place of work including training Night Working A night worker is recognised as someone who is rostered to work at least three hours of his or her daily working time, during the night time. Night time is regarded as being the period between 2300 and 0600 hours each day On Call There are two types of on call : Where staff are required to be on call and answer a telephone or radio and required to respond to the call,

2 this is classed as working time from the time the officer responds to the call to the time when the officer ceases to deal with matter. Where staff are instructed by their senior officer to remain at a particular location and to monitor radios/mobile telephones in order to respond to ongoing incidents, this will be classed as working time, but should only occur in exceptional circumstances Compensatory Rest Compensatory rest is time which is give back in lieu of time taken out of a rest period, e.g. if staff are required to work into their 11 hour rest break or the rest day. It may not be additional time as their next rest period can be used to account for time taken. It is only additional time if in requiring them to work into their rest period, they fall below their minimum rest entitlement for the reference period Collective Arrangements A Workforce Agreement means an agreement with staff associations to be able to adapt parts of the regulations to meet the needs of the Force, such as the reference period over which the average weekly hours are measured, (see The Federation and Unison Working Time Agreements Procedures - see linked procedures below) There is no collective agreement for Chief Superintendents and Superintendents so the specific requirements of the Working Time Regulations will apply (see Procedure Working Time Procedure for Chief Superintendents and Superintendents) Excluded Days An excluded day is a day taken off for Annual leave, Maternity leave, Paternity leave, Adoption, Parental Leave, Leave for Public Duties (i.e. Jury Service) or Sickness and therefore is not counted as working time. What does this mean? If any reference period contains an excluded day or days, then the period must be extended for as many working days as are required (into the next reference period) by the number of excluded days in the original period Staff will not be permitted to work more than a weekly average of 48hrs over a 20 week reference period, unless there are exceptional circumstances, for which permission

3 will need to be sought from the relevant Chief Officer, or the member of staff opts out of the working time requirements Opt-Out Agreement Although Hampshire Constabulary has a duty to ensure that staff do not work more than an average 48 hours per week, individual staff may opt-out of the 48 hour limit by written agreement. In these situations, managers will review the performance of such members of staff regularly to ensure that any excessive weekly working is not adversely affecting their health. The agreement will be reviewed annually or if the role of the member of staff changes or if there are concerns over the health of the member of staff. Records of these reviews must be kept with the Department or District for a period of six years Staff do not have the right to opt-out of any other provision of the Working Time Regulations Agreements will be retained by District Commanders/Heads of Department and a copy is to be provided to the Personnel Department for inclusion on the member of staff s personal file The member of staff or the manager has the right to terminate any such agreement by giving 28 days notice. However, where a recommendation has been made by the Occupational Health Department to terminate the agreement on medical grounds it may be terminated after 7 days notice The requirement to enter into an agreement to opt-out of the 48-hour limit shall not be included in any job description or role requirement The working week will commence on Mondays at 0700 hours How to Calculate Average Working Time To calculate the average working time the following calculation should be used: A+B C A is the total hours recorded as working time for the reference period;

4 B is the total number of hours worked immediately after the end of the reference period, which equals the number of days missed due to annual leave, sickness or maternity leave during the previous period; C Is the number of weeks in the reference period Night Working It is agreed that police work by its very nature can constitute a special hazard or involve heavy physical or mental strain. Should a risk assessment be undertaken identifying such hazards or strain in the case of a member who is a night worker, then that member shall be treated as undertaking those activities for the purpose of WTR. However, this agreement modifies the maximum of 8 hours night shift for night workers, in order to maximise flexibility in utilising shifts of up to twelve hours in length. No member of staff shall be rostered for more than 12hrs in any 24-hour period during which the night worker performs work Night Workers will have the opportunity to undergo a regular free health assessment conducted by Occupational Health team. The frequency of such assessments will be reviewed and consulted between the Constabulary, Unison and the Police Federation Questionnaires will be issued to night workers at least every three years. This is to identify the conditions which might affect or be affected by night working Where a member of staff is found to be suffering health problems connected with night work the force will attempt to post to a role which involves less or no night work or provide flexible rostering (but this cannot be guaranteed). This can either be temporary or permanent depending on the person s condition. Where it is permanent members of staff should be classed as a medical redeployee. In cases where staff have to cease working nightshifts on a permanent basis, salary protection for six months will be available. Where staff have to cease working nightshifts on a temporary basis salary protection for up to 3 months will be available. If the temporary arrangement becomes permanent the 3 months will form part of the six months entitlement, i.e. entitlement to be no longer than 6 months in any circumstances Where a member of staff is to be carrying out night work the Force will ensure that the worker will have the opportunity of a free health assessment before they take up the role as part

5 of their application to join the Force and thereafter every three years. Rest Breaks Daily Rest A period of not less than eleven consecutive hours daily rest (between each rostered duty period) is required in every twenty-four hour period. Every duty period shall therefore make provision for an interval of not less than eleven hours between the ending of a daily period of duty and the beginning of the next period of duty Any recall to duty, including emergencies e.g. while on call, will create an entitlement to a new uninterrupted period of eleven hours, prior to the next duty period and could result in a delayed return to the next duty. Where this is not possible an equivalent period of compensatory rest will need to be provided, this could be the person s next rest day Where recalled to duty from either standby or call out, entitlement to a new eleven-hour rest period will commence from the time of returning home. If the requirement to work can be achieved whilst remaining home, then the elevenhour rest period will commence from when that work is concluded Where an eleven hour rest period is interrupted, and a delayed return cannot be arranged, compensatory rest will need to be provided. If granted, it should immediately follow the interruption. If operational demands prevent staff from taking their rest period entitlement, the date on which the compensatory rest is to be provided must be notified to the member of staff concerned as soon as possible and no later than four days after interruption to which it relates Compensatory rest should not be accumulated, since it is required for safety reasons. It should therefore be taken within ten days of the interruption Meal Breaks/Rest Breaks The length of daily meal breaks will be set by the current Police Regulations (Reg 22 para 1. c) iii and 1.d and for part time officers Reg 22 para6. a) I x an x and the Police Staff terms and conditions of service, including Flexitime Procedures.

6 Staff are entitled to take their meal break away from their usual workstation (e.g. in a rest room), and where possible this break should be free from interruption. Choosing to stay at your workstation to eat your meal or take a break does not class this time as working time Interruptions to meal breaks should be the exception rather than the rule. Exigencies of duty must not be used as a means of excluding a member from taking a meal/rest break on a regular basis. Meal breaks must be recorded on the AD97, flexi sheet or CARM system. This will be monitored and trialled for 12 months Where staff are required to remain on call in the station or at other locations during refreshment breaks this will be classed as working time Meal breaks must not be taken at the beginning or end of a tour of duty. However, on the rare occasion that staff do not get their meal break/rest break of 20 minutes after six hours, due to unplanned or unforeseen circumstances, under the requirements of Regulation 21 of the Working Time Regulations, staff must be provided with compensatory rest of an equivalent time period before the end of the working day Weekly Rest Staff are entitled to an uninterrupted rest period of not less than: 24 hours in each seven day period or if the Chief Constable determines due to unforeseen or emergency situations Two uninterrupted rest periods of 24 hours in each fourteen day period or One uninterrupted rest period of not less than 48 hours in each fourteen day period All shift patterns must be accepted and signed off by the CARMS team. Under no circumstances should any proposed pattern exceed the requirements of the Working Time Regulations In every duty pattern not more than 8 days may be worked before at least two rest days are allocated for police staff.

7 Where staff are not able to have two uninterrupted rest days in a period of 14 days, then the member of staff will enjoy two periods of not less than 24 hours uninterrupted rest, in addition to that which the member of staff is already entitled under regulation 11 of the Working Time Regulations within the next 14 day period. Compensatory rest is only for the provision of providing rest, where staff s overall rest periods fall below that required by the regulations. It should also not be the norm for staff to work a considerable amount of the 11 hour rest period each day and get it back at the end of their normal weekly duty. This should only happen in unforeseen circumstances. This is to avoid staff only getting a few hours rest between each daily shift, which could lead to tiredness, stress, ill health and health and safety risks In providing any additional period of daily or weekly rest, the Chief Constable shall be entitled to rely upon any additional provisions of the Police Regulations 2003 as fulfilling the purpose of this provision. By way of example, rest days provided by police regulations, which are over and above the entitlement for rest days within the working time regulations, may be used to provide the compensatory rest period These conditions apply only the entitlement to compensatory rest created under the Working Time Regulations. They are not meant to alter or amend the entitlement created under the Police Regulations 2003 in respect of cancelled or rerostered rest days Annual Leave All staff will be entitled to annual leave as laid down in local police staff terms and conditions or in accordance with the Police Regulations. The annual leave for all staff who joined the force after 1st April 1998 starts at the date of appointment to the Force. However staff, who joined prior to 1/4/1998, may have a leave year commencing from 1st of April Records All working time must be recorded by staff on the AD97, flexi sheet or the CARMS system, including any in work rest breaks. Until the CARMS 3 is fully operational across the Force, please use the below attach spread sheet for the calculation and monitoring of working time. Line managers shall review records regularly to ensure each person s hours do not exceed the maximum weekly average of 48 hours

8 over a 20 week reference period. See the RMT Intranet pages for Working Time Calculation worksheet Records will be made available to safety representatives as required Additional Employment and Special Constables Staff who have any additional employment must declare the hours spent on all non Constabulary work, including any hours of working outside of their post spent as a Special Constable. This will enable the Constabulary to meet its obligations under the Working Time Regulations and other legislation See the Occupational Health, Safety & Welfare Intranet site for Frequently Asked Questions in relation to Working Time Regulations document. 4. Roles and Responsibilities 4.1. It is the responsibility of staff to record their working time including lunch breaks on the AD97/CARMS system. It is the responsibility of line managers to ensure that they monitor their staff s working hours and that they are meeting the requirements of the Working Time Regulations. 5. Administration 5.1. N/A 6. Monitoring and Evaluation 6.1. This procedure will be monitored by the force health and safety adviser to ensure compliance with current health and safety legislation. 7. Review 7.1. This procedure will be reviewed every three years, or as and when legislation or Hampshire Constabulary requirements change.

9 8. Other Related Procedures, Policies and Information Sources 8.1. Related Policies Policy Health and Safety 8.2. Related Procedures Procedure Working Time Regulations for Superintendents and Chief Superintendents Procedure Facilities Agreement Police Federation Procedure Trade Union Facilities Time 8.3. Information Sources The Working Time Regulations RMT Working Time Useful References AD203 Equality Impact Assessment Origin: Health and Safety / Risk

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