Fatigue is more than just feeling tired; it is a state of mental and/or physical exhaustion that reduces a person’s ability to perform work safely and effectively. Poor fatigue management can lead to serious accidents, reduced productivity, and long-term health issues.
The 1998 Working Time Regulations (WTR) is one of the laws that impacts working practice daily, crossing into both human resource and health and safety management.
It considers health, safety and wellbeing risk for everyone, especially those in high-risk work, such as driving, manufacturing and health care through:
- Limits maximum working time,
- Affords structure for break and rest periods, and;
- Provides for paid annual leave,
- Protecting young workers,
- Provides ‘reference periods’ for calculating average working hours in a logical and practical way.
The WTR cover everyone in work, with more detailed laws impacting certain industries such as rail, haulage, air and off-shore.
So, how can employers take a positive approach towards mitigating fatigue?
A well-implemented fatigue risk management strategy is essential to maintaining workplace safety and performance, particularly in high-risk or demanding sectors. As work patterns evolve, especially with hybrid and remote working, employers must stay vigilant to emerging fatigue-related challenges.
Employers have a duty to manage fatigue under the Health and Safety at Work etc. Act 1974 and the Management of Health and Safety at Work Regulations 1999 with the 1998 WTR providing the rules to help manage the risks of Fatigue.
Fatigue can result from:
- Long working hours or irregular shifts,
- Inadequate rest or sleep,
- Physically or mentally demanding tasks,
- Poor work scheduling or excessive overtime.
The effects include reduced alertness, slower reaction times, and impaired judgement. All can lead to serious incidents including mental wellness.
The Health and Safety Executive (HSE) recommends a structured approach to fatigue management including:
Risk Assessment
Fatigue should be recognised as a hazard in workplace risk assessments and as such employers must consider:
- Shift patterns and work hours,
- Workload and intensity,
- Travel time and commuting,
- Sleep opportunities and quality.
Shift Design
Poorly designed shift systems are a major contributor to fatigue. Effective design should:
- Limit night shifts and ensure adequate rest between shifts,
- Avoid long shifts and excessive overtime,
- Rotate shifts forward (morning–afternoon–night), which is easier for the body to adapt to.
Monitoring and Supervision
Employers should:
- Ensure compliance with the Working Time Directive keeping accurate records of working hours and rest periods
- Monitor hours worked, especially overtime and night work,
- Train supervisors to recognise signs of fatigue in their teams, taking appropriate action to encourage rest or adjusting duties where necessary
Worker Engagement and Training
Educate workers about:
- The importance of sleep and rest,
- The risks of fatigue,
- Their responsibilities in managing their own fatigue (e.g. reporting when unfit for duty).
Workplace Culture
Encourage a culture where fatigue reporting is supported and taken seriously, avoiding incentivising long hours or excessive workloads that undermine fatigue management efforts and encouraging their employees to take annual leave and breaks.
Working Time Regulations
The Working Time Regulations places limits on working hours and require rest periods:
- Maximum average weekly working time: 48 hours (averaged over 17 weeks), unless the worker has opted out.
- Daily rest: Minimum of 11 consecutive hours in every 24-hour period.
- Weekly rest: Minimum of 24 hours uninterrupted rest per week (or 48 hours per fortnight).
- Rest breaks: At least 20 minutes for working days longer than six hours.
- Night work limits: Maximum of 8 hours on average in any 24-hour period (for night workers).
- Young persons, age 16 or 17 years old: At least 30 minutes every four and a half hours worked and a breaks of at least 12 hours between shifts.
So what about when employees have more than one employer?
For part time workers who have other employment, then each employer is responsible for monitoring the hours that the worker has performed elsewhere, in a record of hours kept current by that same worker. The working time and rest rules set out in the Working Time Regulations must be adhered to by all.
Workers will only call upon the regulations if they feel over worked, vulnerable, unpaid or if there is a break down in relationship. The Police and HSE will look at the management of working hours, and breaches, when an incident is bought to their attention as will the Employment Tribunals if a claim is made by a worker relating to excessive hours, lack of rest, or unfair treatment.
In such cases, poor management of working time can be used as evidence of negligence, non-compliance, or failure in duty of care, potentially leading to legal and financial consequences for the employer.
Clearly a complex but very important law to interpret and put in place, so if you need any HR or Health and Safety help with this or other similar matters then call us on 03456 122 144 without delay.