The European Court of Justice's ruling is not just limited to the 48-hour work week and opt-outs. For example, the NHS Ambulance Service ignores this directive on the pretext that it does not apply to them as they are a national protection service. The City Council directive clearly stipulates that occupations that involve severe physical strain or “mental strain” due to “special danger”, such as ambulance workers, “are subject to an absolute nighttime restriction of eight hours out of every 24 hours.” , which effectively prohibits 10- or 12-hour shifts for ambulances. staff. A night shift worker is someone who works at least three hours at night. Night time is defined as 7 hours between 23:00 and 06:00, or from midnight to 05:00. He also requires at least 11 hours of rest before and after his shift. The staff also requires him to take a 20 minute break. Work every 6 hours or take compensatory time off before the end of your shift. That means he will finish 40 minutes early if he is not given a break. A break should mean being away from the workplace, not on call.
NHS Ambulance Trusts allow staff to be rostered and work 12-hour shifts with few breaks, but some allow staff to complete emergency calls after 11 hours and 50 minutes without a break. He insists that he work as he should. Among the incidents recorded, an ambulance was involved in an accident resulting in loss of life while the crew was on a 12-hour night shift. Recent studies provide evidence that many road accidents occur early in the morning due to short sleep modes caused by long night work.
The judgment also held that ambulance services were not “transport services” and therefore not subject to the National Driving Regulations. However, they are subject to the Working Time Directive and must comply with this.
This directive was created with health and safety in mind and was introduced to protect workers. In the case of paramedics, they also protect patients, the public, and all medical attendants, so they cannot work while they are suffering from fatigue. It would put everything at risk. Employers, including private sector employers, should have implemented this directive from 1998, as did the National Association of Private Ambulance Services (NAPAS).
It is shameful to think that ambulance staff voluntarily worked 12-hour shifts at night when they were dangled with financial carrots and the promise of more time off, and that the NHS Ambulance Trust used this as an excuse to allow them to do so. is even more shameful. Is this what the staff wants? As a responsible employer, if one of your employees wants to jump off a tall building, even though we all have a responsibility for the health and safety of others, the employer's decision is “That's OK.” Is that what it is? The impact is that workers who refuse to report to work minutes before the end of a 12-hour shift, or who continue to suffer from poor health from such shifts, may seek reinstatement or compensation through industrial courts. That means there is a good chance. All ambulance services should take note of this and implement the European Working Time Directive with immediate effect today, including the immediate suspension of night shifts exceeding eight hours. My personal view is that, although this may be the case in some cases, any remuneration should be paid by the directors. If health and safety directors in the private sector can be fined for non-compliance, then perhaps NHS trust directors will be held accountable, and NHS trust funds will not be wasted on such lack or pretext. Will.
Peter A. Littledyke
independent ambulance consultant
Competing interests: Not declared
