27.1 Currently the European Working Time Directive is not Law on the Isle of Man. Working parties are looking into its effect and implementation on the Island within the Departments.
27.2 There is a general responsibility for employers and employees under health and safety law to protect as far as is practicable the health and safety of all employees at work.
27.3 Control on working hours should be regarded as an integral element of managing health and safety at work and promoting health at work.
27.4 It is, therefore, appropriate that employers, when organising work, should take account of the general principle of adapting work to the worker.
27.5 In reaching local arrangements to implement this agreement, employers or employees are expected to ensure that no arrangements are reached which discriminate against members of staff with family or other carer responsibilities.
27.6 Where the working day is longer than 6 hours, all staff are entitled to take a break of at least 20 minutes.
- Rest breaks must be taken during the period of work and should not be taken either at the start or the end of a period of working time.
- Employees should be able to take this rest break away from their work station.
In exceptional circumstances and by agreement with the worker, where a rest break cannot be taken the unused entitlement should be claimed as a period of equivalent compensatory rest. Line managers should ensure that provision is made to allow compensatory rest to be taken.
Existing local arrangements which already provide for breaks of more than 20 minutes (for example, lunch breaks) will meet the requirements of this provision and no further action will be needed.
27.7 In circumstances where work is repetitive, continuous or requiring exceptional concentration, employers must ensure the provision of adequate rest breaks as an integral part of their duty to protect the health and safety of their employee. In such circumstances the advice of local occupational health services should be sought and any statutory requirements and local guidelines followed.
27.8 Employers must identify special hazards faced by night workers by identifying them in risk assessments as involving a significant risk to health and safety undertaken in accordance with Health and Safety at Work Regulations.
Health assessment for night workers/transfer to day work
27.9 All night workers are entitled to a regular free and confidential Occupational Health assessment, and additionally when a work-related problem is identified, to determine whether the worker is fit to undertake the night work to which he/she is assigned.
The format and content of the health assessment should be agreed by locally recognised unions in accordance with the advice on occupational health determined by the departments Occupational Health service.
Paid time off should be given to employees to attend occupational health assessments.
27.10 Employees identified by a medical practitioner as having health problems related to night work should be offered wherever possible the option of transfer to suitable day work with appropriate pay and conditions of service.