Limiting night work

The main WTR regulations limit the hours worked by night workers including overtime:

• General night-worker limit (adults): WTR Regulation 6 says that a night worker’s normal hours of work in any applicable reference period must not exceed an average of eight hours for each 24 hours calculated over a reference period of 17 weeks, 26 weeks for doctors in training, and 52 weeks for offshore workers (unless modified or excluded by a relevant agreement). Overtime is not excluded from the definition of night workers’ normal hours (see chapter 2).

• Special hazards night-worker limit (adults): WTR Regulation 6(7) sets an “absolute limit” of eight hours in any 24-hour period during which the night worker performs night work involving “special hazards or heavy physical or mental strain”.

The special hazards limit applies to night work that is:

• identified as such in a collective agreement or workforce agreement which takes account of the specific effects and hazards of night work; or

• recognised in a risk assessment made by the employer under Regulation 3 of the Management of Health and Safety at Work Regulations 1992 as “involving a significant risk to the health or safety of workers” employed by him/her.