Fatigue - The Law
Fatigue - Safety Critical Staff
Hours of work and other conditions of service are primarily matters for agreement between employers and their staff. But fatigue, particularly when work is critical to safe operation such as work done by drivers, signallers and maintenance workers, can pose a serious safety risk for railway workers and others, and must be effectively managed.
The problem
Fatigue reduces workers' mental alertness and can affect performance. Errors caused by impaired concentration, perception, judgement or memory may become more likely. People may become more impatient. Ultimately this can lead to drowsiness or involuntary sleep.
For railway safety critical work, fatigue may cause or contribute to potentially dangerous errors: a signal or an indication on a control panel may be misread or overlooked; an important instruction or message may be misunderstood; and staff will be more likely make an error. For example, a driver might move away forgetting that permission has not been given; or an engineer carrying out maintenance or renewal work might fail to complete necessary checks or procedures before finishing a job; or a signaller set an incorrect route/message.
Managing the problem
Fatigue can be caused both by the number and nature of hours worked. The following can all have an impact on fatigue:
the length and time of the shift (e.g. long night shifts, shift start times);
the nature of the changes between shifts (shift rotation), especially backward rotation;
the balance in concentration and stimulation in the work activities being undertaken;
insufficient rest breaks;
and the time of day.
Fatigue management should include:
development and implementation of appropriate policies;
design of shift rosters;
risk assessment of changes to rosters;
monitoring levels of fatigue;
and shiftwork education.
More about the law and standards
Regulation 4 of the Railways (Safety Critical Work) Regulations 1994 require employers to ensure that employees carrying out safety critical work do not work hours which would be likely to cause fatigue which could endanger safety.
The Health and Safety Commission (HSC) Approved Code of Practice (L50) gives further guidance on this. In particular, it recommends that employers should carry out a risk assessment before making changes to working hours which could increase fatigue, and to monitor the effects of any changes. The Health and Safety Commission is reviewing these regulations in the light of the findings in parts 1 and 2 of Lord Cullen's report.
Railway operators are also required to set out in the railway safety cases how they will manage and monitor fatigue for safety critical workers. This includes setting limits on working hours/shifts etc. for employees undertaking safety critical work and having systems to monitor the actual hours worked.
The Railway Group Standard GH/RT4004 (1996) was developed by the industry as a minimum standard for setting the requirements for changes in working hours of people undertaking safety critical work. It is applied by the Railway Group in their safety case submissions. Train operating companies wanting to extend the overall pattern and length of drivers shifts (where they exceed the Railway Group Standard GH/RT4004) must carry out a risk assessment and submit a revised safety case to HSE for acceptance.
The EC?s Working Time Directive now covers the number of hours that railway employees can work. From 1st August 2003, The Working Time (Amendment) Regulations 2003 entitle railway workers to an average 48 hour working week, an average 8 hour night work limit, 4 weeks paid annual leave, statutory daily, weekly and in work rest periods, and a health assessment if a night worker. Workers can choose to work for longer than the average 48 hours per week if they wish, although employers cannot require them to do so.
For certain categories of railway workers; those whose activities are intermittent, those who spend their working time on board trains and those whose activities are linked to transport timetables and to ensuring the continuity and regularity of traffic, the night work limits and rest entitlements do not apply, subject to those workers receiving an equivalent period of compensatory rest. Compensatory rest merely allows, wherever possible, a worker to take the rest entitlements due to them under the Working Time Regulations at a different time. Many of these matters are left open to collective agreement between employers and employees.
The requirements of The Working Time (Amendment) Regulations 2003 are in addition to workers contractual arrangements and to the requirements of the Railway (Safety Critical Work) Regulations 1994. The Working Time (Amendment) Regulations 2003 do not reduce the level of protection against fatigue offered to railway workers under these other provisions.