Offshore Application of Working Time Directive

1
Offshore Application of Working Time
Directive (ref. 2000/34/EC) Trade Associations
Presentation January 2004 COTA
(Catering Offshore Trade Association) IADC
(International Association of Drilling
Contractors) IMCA (International Marine
Contractors Association) OCA (Offshore
Contractors Association) UKOOA (UK Offshore
Operators Association) WSCA (Well
Services Contractors Association)
2
Working Time Directive (offshore) Trade
Associations presentation - January 2004 2

• Topics Covered
• Definition of Working Time
• Working Time Limits
• Health Assessments for Night Workers
• Rest Breaks, Daily and Weekly Rest,
  Compensatory Rest
• Paid Annual Leave
• Records Keeping
• Enforcement
• References

3
Working Time Directive (offshore) - Trade
Associations presentation - January 2004 3
Definition of Working Time Working time is when
someone is i) Working, ii) at his
Employers Disposal and iii) Carrying out
his Activities or Duties Working Time
includes Training directly related to the job
(generally required by Employer) Time spent
abroad working for an Employer in the UK Working
Time does not include Travel between home and
work (e.g. travel to/from heliport and
installation,
waiting on weather however, employees
may be compensated for such time.) Meal Times and
Rest Breaks Training which the Employee chooses
to pursue
4
Working Time Directive (offshore) Trade
Associations presentation - January 2004 4

• Working Time Limits
• Employee cannot be required to work more than
  48 hours/week averaged
• over the Reference Period
• Reference Period offshore is 52 weeks
• Maximum of 2304 hours worked during the 52
  week Reference Period
• Employee can choose to sign an opt-out, but
  working time/field breaks will
• still be controlled by the OIMs Guidance
  (ref. Step Change in Safety)
• to ensure that workers do not work excessive
  hours and have adequate
• field breaks, for safety reasons.

5
Working Time Directive (offshore) Trade
Associations presentation - January 2004 5

• Health Assessments for Night Workers
• Many offshore workers who work a shift rota
  system may well be Night
• Workers, as defined
• Although offshore is exempted from Night Work
  time limits, workers are
• entitled to a free Health Assessment for
  fitness for Night Work
• These requirements are met by the existing
  and obligatory
• UKOOA Medical Fitness Certificate
• Divers Medical Fitness Certificate

6
Working Time Directive (offshore) Trade
Associations presentation - January 2004 6

• Rest Breaks, Daily and Weekly Rest Periods,
  Compensatory Rest
• Offshore is exempt from the minimum requirement
  for Rest Breaks
• However, Compensatory Rest must be given
  equivalent to missed Rest
• Breaks and Daily and Weekly Rest Periods
• Minimum Rest Breaks/Periods
• Rest Break 20 minutes/shift over 6 hours
  duration.
• Daily Rest 11 hours/day
• Weekly Rest 1 day/week
• Offshore workers will normally receive their Rest
  Breaks and Daily Rest
• Periods while offshore. Compensatory Rest, in
  respect of the Weekly Rest
• requirements, is included in workers onshore
  leave period

7
Working Time Directive (offshore) Trade
Associations presentation January 2004 7

• Paid Annual Leave
• Entitlement to 4 weeks of Paid Annual Leave
• 4 weeks of Annual Leave is equivalent to
  14days (for those on a regular
• rota) for the calculation of leave pay
• Therefore, daily/hourly rated personnel will
  be paid 14 days at their
• offshore rate, not field break rate
• Additional to all statutory Rest Periods (ref.
  previous slide)
• 182 days that an equal time worker is
  onshore is generally more than
• adequate to include Training,
  Compensatory Rest and Annual Leave
• Annual Leave is to be taken in field breaks

8
Working Time Directive (offshore) Trade
Associations presentation January 2004 8

• Records Keeping
• Duty of Employer to maintain
• Adequate records to ensure that workers are
  not working more than
• 2304 hours in any 52 week period (the
  Reference Period)
• Records of Health Assessments
• Record of who has signed an opt out

9
Working Time Directive (offshore) Trade
Associations presentation January 2004 9

• Enforcement Authorities
• HSE for working hours
• Employment Tribunals for Compensatory Rest and
  Paid Annual Leave

10
Working Time Directive (offshore) Trade
Associations presentation January 2004 10
References More detailed information and guidance
is available from Trade Associations - see
websites www.wsca.co.uk
www.iadc.org www.oilandgas.org.uk DT
I Your Guide to the Working Time Regulations
(July 2003) www.dti.gov.uk/er/work_tim
e_regs/wtr0.htm