John Osman, HSE's Chief Medical Advisor said:
“HSE does carry out preventative inspections out-of-hours where appropriate and necessary, however, inspections are just one in a range of tools we use to regulate and influence employers. An important element of HSE's normal inspections is an examination of provision for ensuring the health and safety of those working outside 'office' hours. This examination includes a physical inspection of the control measures and consultation with employees and trade unions or safety representatives.
"Any concerns raised with HSE about shift or out-of-hours working are treated seriously and investigated - this may include an out-of-hours inspection. If HSE took any enforcement action it would not necessarily show as a Working Time Regulation matter and could fall under the health and safety at work act.”
For serious incidents HSE has a 24/7 response incidents via the HSE Duty officer who will, where appropriate, refer the incident to a decision maker who will assess the incident and determine HSE's approach and deployment of resource.
It is a duty holder's responsibility to ensure the health and safety of their workers under the Health and Safety at Work etc Act 1974, which HSE regulates.
HSE has recently commissioned a major research study (with the University of Oxford) that aims to add further to our understanding of the reported association of shift work with breast cancer, other cancers and other major diseases. A further aim of the research is to see if any particular aspects of shift work give rise to any risk that might exist. The study, commissioned in 2007, runs from December 2008 to December 2011.
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