‘Emergency’ workers

Workers whose characteristics “inevitably conflict” with the regulations such as the armed forces, the police and civil protection services can be effectively excluded from all the key provisions of the WTR regulations (Regulation 18(2)). HSE guidance explains that although these services generally have to comply with the regulations “there is some leeway under special circumstances, e.g. for the police when dealing with an emergency civil disturbance situation”. Public services union UNISON has argued that the duties of its members in these services do not conflict with the regulations, while the Police Federation has said that the exclusions “should only apply in exceptional circumstances”.

The European Court of Justice (ECJ) ruled that Red Cross rescue workers dealing with unforeseen events are covered by the EWTD as they are not dealing with events that are unforeseeable (Pfeiffer v Deutsches Kreuz, Kreisverband Waldshut (2005) C-397/01).

Other working time regulations could be involved, when an emergency is encountered. EU and domestic Drivers’ Hours Rules can be temporarily disapplied without the need for prior referral to the DfT (but records of their work must be kept). The workers concerned remain subject to all other requirements of the working time rules in an emergency event (e.g. average weekly working time, break requirements).