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The Working Time Regulations 1998: Guidance on the legislation

Appendix 2: Aid to determining the initial enforcement expectation following non-compliance with the working time regulations

Reg. Regulatory requirements with examples of possible breaches Non-compliance descriptor Authority of standard
4(2) Employer fails to take all reasonable steps to ensure weekly working limit complied with:
a) 48-hour average exceeded by more than 2 hours
b) 48-hour average exceeded by less than 2 hours
a) Absent
b) Minor
a) Defined
b) Defined
4(2) Employer to keep up-to-date records of all workers who agree to exceed the weekly working limit:
a) No records at all
b) Records kept but not up-to-date
a) Absent
b) Minor
a) Defined
b) Defined
6(2) Employer fails to take all reasonable steps to ensure compliance with night working limits:
a) Limits exceeded on average by more than 2 hours
b) Limits exceeded on average by less than 2 hours
a) Absent
b) Minor
a) Defined
b) Defined
6(7) Employer fails to ensure that 8 hour night work limit for work involving special hazards e.g. heavy physical strain, or mental strain is not exceeded:
a) Limit exceeded by more than 20 minutes
b) Limit exceeded by less than 20 minutes
a) Absent
b) Minor
a) Defined
b) Defined
7(1) Employer fails to provide adult night workers with opportunity of free health assessments:
a) Failure to offer health assessments
b) Initial assessments offered but no provision for routine re-assessments
a) Absent
a) Inadequate
a) Defined
b) Defined
7(2) Employer fails to provide young workers working in the restricted period with free health assessments:
a) Failure to offer health assessments
b) Initial assessments offered but no provision for routine re-assessments
a) Absent
b) Inadequate
a) Defined
b) Defined
7(6) Employer fails to transfer night worker suffering health problems from night work where possible:
a) Failure to transfer
a) Absent a) Defined
8 Employer fails to give adequate rest breaks where work pattern puts health and safety at risk*:
a) Failure to provide breaks
*Consider need to consult inspector
a) Absent a) Defined
9 Employer fails to keep adequate records to show compliance with working time limits and to retain these for 2 years:
a) No records kept
b) Some records but not completely adequate
c) Records not kept for 2 years
a) Absent
b) Inadequate
c) Minor
a) Defined
b) Defined
c) Defined
24 Employer fails to allow compensatory rest where night work limits are excluded or modified by either the Regulations or a relevant agreement:
a) Compensatory rest not allowed
b) Rest not allowed within reasonable time
a) Absent
b) Minor
a) Defined
b) Defined
24 Employer to afford such protection as appropriate in exceptional cases where not possible to grant rest period - consult inspector a) Absent
b) Minor
a) Defined
b) Defined
Updated 2014-02-28