LRD guides and handbook August 2013

Health and safety law 2013

Chapter 9

Mobile workers

The situation for mobile workers is slightly more complicated. A mobile worker is defined as: “any worker employed as a member of travelling or flying personnel by an undertaking which operates transport services for passengers or goods by road or air”. Separate European directives for seafarers, aviation and road transport brought provisions on working time, rest and leave to these sectors.

The Merchant Shipping (Hours of Work) Regulations 2002 (SI 2002 No.2125) provide for:

• a minimum weekly rest requirement of 77 hours in any seven-day and 10 hours in any 24-hour period; and

• four weeks’ paid annual leave and health assessments.

The Civil Aviation (Working Time) Regulations 2004 limit the annual working time of airborne personnel to 2,000 hours (including overtime) and restrict flying time to 900 hours. They provide for seven rest days per month, 96 rest days per year, four weeks’ leave and “adequate” rest breaks. They also require “appropriate” health and safety protection for all mobile personnel, and provide for health assessments and transfer from night work on health grounds.

Aviation unions BALPA and Unite are continuing to oppose the proposed New European Flight Time Limitations (FLTs) that threaten to increase working hours.