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 eg 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 |