Thackray Williams

BBC News has reported that the Danish Government has begun paying compensation to almost 40 women who have developed breast cancer after prolonged periods of working night-shifts. The Danish authorities have acted following a finding by the International Agency for Research on Cancer (IARC) that alterations in sleep patterns could suppress the production of melatonin in the body. Melatonin has the beneficial effect of preventing some of the steps leading to cancer and consequently there has been a link between long spells of working nights and the disease.

The Health and Safety Executive (HSE) has commissioned their own research into the risk of working at night and any link to breast cancer and this report is due to be completed in 2011. There is however growing concern that employers are failing to carry out the health checks to which employees are entitled to under the existing law.

So, what should you be doing as an employer?

As an employer you will be aware that your workers’ hours are governed by the Working Time Regulations (WTR). There are specific rules for night workers and these also apply to casual, freelance and agency workers.

The WTR defines ‘night time’ as a duration of not less than 7 hours and a period between 11 pm and 6 am (although this can be slightly varied between you and your workers) and ‘a night worker’ as someone who regularly works for at least 3 hours during this period.

You should be aware that a night worker must have the opportunity of a free and confidential health assessment before being assigned to night work and thereafter at regular intervals of whatever duration as may be appropriate to the worker’s case and where necessary a follow-up examination by a professional should be provided. You should also retain records of your night workers’ health assessments for at least two years or, if the worker does not accept the offer of a free health assessment, record when the offer was made.

In general night workers should not work more than an average of 8 hours in a 24-hour period, averaged over 17 weeks. Night workers cannot opt out from this time limit unless it is allowed for by a collective workforce agreement (although in a number of cases you can average night work over a 26-week period). For night workers dealing with special hazards or under mental and physical strain, there can be no averaging of working hours and the 8-hour daily limit is absolute. Although there are quite a few exceptions, generally speaking workers under 18 years are not permitted to work at night. It is also your responsibility to keep records which ensure that worker do not exceed their night time working limit.

For more information on the regulations governing night-shift working or any other employment related issue please contact Emma Thompson at emma.thompson@thackraywilliams.com Telephone: 0208 290 0440