Managing Working Time

You should have got started on 4 April 2005 and implemented most of the points below already. However, it may have been calculating the averages etc for your first default period that made you realise that you needed to take this legislation more seriously. The employers' checklist that was included in the government's guidance will act as a good refresher:

What counts as working time?

• Identify activities that count as working time and those which count as periods of availability
• Ask workers to confirm any working time they have performed for another employer

Calculating working time:

• Decide on your preferred option (fixed or rolling), to monitor compliance with the average 48 hour working week
• If a longer reference period or different start/finish dates are needed, consider a collective or workforce agreement with the employees
• If an agreement is reached, make sure the reference period does not exceed 26 weeks

Night workers:

• Identify the mobile workers who are likely to be affected by the limits on night work
• If more than ten hours working time is normally performed (during a 24 hour period) consider whether the number of hours can be reduced
• If necessary, consult your workforce about the possibility of working longer hours under a relevant agreement

Rest / Breaks:

• That all mobile workers can take the rest and breaks they are obliged to take
• That mixing driving with other work does not lead to a breach in the break requirements under these Regulations

Record keeping:

• Inform employees of their rights under the regulations, details of any relevant agreement
• Notify employees that they must provide (in writing) an account of any working time they have performed for another employer
• Decide which records / systems you are going to use to record working time

If tachograph records are used:

• Tell your drivers to use a different mode switch to distinguish "other work" from "periods of availability"
• A separate record of working time may be required if the mobile worker is not travelling that day
• (Where necessary) Check that the agency or employment business has had the opportunity to copy the tachograph chart, so they can keep a record of working time performed by their drivers

Other action you can take includes making efficiencies in your current operation - try to cut out waiting time, regardless of whether you will be able to count it as a PoA or not. You might also want to consider whether there are some activities that take place in your own yard, such as vehicle washing, that could be carried out by non-driving staff.

Talk to customers about whether they can help with unloading vehicles - either to speed up the process, or to enable your driver to go to their canteen and book a break or a PoA. Talk to them about communication, and stress how important it is for the driver to know what is going on. Ask your customers to help you to help them.

If you do intend to use tachographs as working time records, remember that they need to be kept for over 2 years (not 1 year).

NB When reading anything on this piece of legislation, you must always remember that this applies to other mobile workers as well as drivers - so it applies to drivers' mates, trainees in the cab etc.