The Merchant Shipping (Working Time: Inland Waterways) Regulations 2003

Maximum average weekly working time where there are more working days than rest days

6D

Subject to regulation 15A, where, according to the work schedule, there are more working days than rest days, an employer shall ensure that a worker’s average weekly working time shall not exceed 72 hours over a four month period.

Health assessments

Health assessments for night workers

7A

• (1) An employer shall—

• (a) not assign a worker to work which is to be undertaken during periods such that the worker will become a night worker unless—

• (i) the employer has ensured that the worker will have the opportunity of a free health assessment before that worker takes up the assignment; or

• (ii) the worker had a free health assessment before being assigned to work to be undertaken during such periods on an earlier occasion, and the employer has no reason to believe that the assessment is no longer valid, and

• (b) ensure that each night worker has the opportunity of a free health assessment at regular intervals of whatever duration may be appropriate in the night worker’s case.

• (2) Regulation 7(3) shall apply to free health assessments undertaken for the purposes of this regulation.

Transfer of night workers to day work

7B

• (1) Where—

• (a) a registered medical practitioner has advised an employer that a worker is suffering from health problems which the practitioner considers to be connected with the fact that the worker performs night work, and

• (b) it is possible for the employer to transfer the worker to work—

• (i) to which the worker is suited, and

• (ii) which is to be undertaken during periods such that the worker will cease to be a night worker,

the employer shall transfer the worker accordingly.

Length of night work

7C

An employer shall not require a worker to do more than 42 hours of night work during any seven day period.

Safety and health protection for night and shift workers

7D

• (1) Night workers and shift workers shall have safety and health protection appropriate to the nature of their work and such protection shall take account of guidance in section 8 of Merchant Shipping Notice MSN 1876(M).

• (2) Protection and prevention services or facilities with regard to the safety and health of night and shift workers shall be equivalent to those applicable to other workers and be available at all times.

Pattern of work

Records

Rest periods

Rest breaks

10A

• (1) A worker whose daily working time exceeds six hours is entitled to a rest break.

• (2) The details of the rest break to which the worker is entitled under paragraph (1), including its duration and the terms on which it is granted, shall be in accordance with any provisions contained in a collective agreement or a workforce agreement.

• (3) Subject to the provisions of any applicable collective agreement or workforce agreement, the rest break is an uninterrupted period of not less than 20 minutes and the worker is entitled to spend it away from the worker’s workstation if the worker has one.

Working days and rest days

10B

• (1) This regulation is subject to regulation 15A.

• (2) An employer shall not require a worker to work more than 31 days consecutively.

• (3) After a worker has worked a number of consecutive working days, the employer shall immediately allow the worker to take a minimum number of consecutive rest days calculated in accordance with paragraph (4).

• (4) The minimum number of consecutive rest days which must immediately follow the consecutive working days shall be calculated as follows—

• (a) for the 1st to the 10th consecutive working day: 0.2 rest days per consecutive working day;

• (b) for the 11th to the 20th consecutive working day: 0.3 rest days per consecutive working day; and

• (c) for the 21st to the 31st consecutive working day: 0.4 days per consecutive working day.

• (5) Partial days resulting from the calculation under paragraph (4) shall be added to the minimum number of consecutive rest days and granted only as full days.

• (6) Paragraphs (7) and (8) apply where, according to the work schedule, the number of working days is no more than the number of rest days.

• (7) In addition to the minimum number of immediate consecutive rest days calculated in accordance with paragraph (4), the employer shall allow the worker to take a number of rest days equal to the number of working days worked less the rest days the worker became immediately entitled to under paragraph (4).

• (8) The worker shall be entitled to take the rest days referred to in paragraph (7) during the reference period.

Entitlement to annual leave and payment for leave

Entitlement to additional annual leave

11A

• (1) Subject to paragraph (4), a worker is entitled in each leave year to a period of leave in addition to the entitlement under regulation 11 (“additional leave”) determined in accordance with paragraph (2) and to be paid for any such leave at the rate of a week’s pay in respect of each week of leave.

• (2) The period of additional leave to which a worker is entitled under paragraph (1) is—

• (a) in any leave year beginning on or after the coming into force of the Merchant Shipping (Working Time: Inland Waterways) (Amendment) Regulations 2017, 1.6 weeks;

• (b) in any leave year beginning before the coming into force of the Merchant Shipping (Working Time: Inland Waterways) (Amendment) Regulations 2017, a proportion of 1.6 weeks equivalent to the proportion of the year beginning on the date those regulations come into force which would have elapsed at the end of that leave year.

• (3) In respect of a period of employment of less than one year, a worker is entitled to additional annual leave of a proportion of 1.6 weeks equal to the proportion the period of employment in question bears to one year; the proportion to be determined in days and any fraction of a day to be treated as a whole day.

• (4) The aggregate entitlement provided for in paragraph (2) and regulation 11(1) is subject to a maximum of 28 days.

• (5) A worker’s leave year begins for the purposes of this regulation on the same date as a worker’s leave year begins for the purposes of regulation 11.

• (6) Regulation 11(3) to (7) shall apply as if the references to paragraph (1) of that regulation were to paragraph (1) of this regulation.

Entitlements under other provisions

Emergency situations

14A

• (1) No provision of these regulations shall prevent the master from requiring a worker to perform any hours of work necessary—

• (a) for the immediate safety of—

• (i) the ship;

• (ii) persons on board; or

• (iii) cargo; or

• (b) for the purpose of giving assistance to—

• (i) other ships; or

• (ii) persons in distress.

• (2) In the circumstances described in paragraph (1), the master may require a worker to perform any hours of work necessary until the normal situation has been restored.

• (3) As soon as practicable after the normal situation has been restored, the master shall ensure that any worker who has performed work in a scheduled rest period is provided with an adequate period of rest.

Collective and workforce agreements

Seasonal work on passenger ships

15A

• (1) An employer may apply the provisions contained in this regulation to a worker employed on a passenger ship during the season.

• (2) Where an employer applies the provisions of this regulation, working time shall not exceed—

• (a) 12 hours in any 24 hour period; and

• (b) 72 hours in any seven day period.

• (3) The worker shall be credited with 0.2 rest days per working day.

• (4) At least two rest days shall be granted during every period of 31 days and any remaining rest days shall be granted by agreement but must be taken within the reference period.

• (5) In this regulation, “season” means a period of no more than nine consecutive months out of 12 months in which activities are tied to certain times of the year as a result of external circumstances such as weather conditions or tourist demand.

Review

19A

• (1) The Secretary of State must from time to time—

• (a) carry out a review of the regulatory provision contained in these Regulations; and

• (b) publish a report setting out the conclusions of the review.

• (2) The first report must be published within three years of the coming into force of the Merchant Shipping (Working Time: Inland Waterways) (Amendment) Regulations 2017.

• (3) Subsequent reports must be published at intervals not exceeding 5 years.

• (4) Section 30(3) of the Small Business, Enterprise and Employment Act 2015 requires that a review carried out under this regulation must, so far as is reasonable, have regard to how Directive 2014/112/EU is implemented in other member States.

• (5) Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this regulation must, in particular–

• (a) set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a),

• (b) assess the extent to which those objectives are achieved,

• (c) assess whether those objectives remain appropriate, and

• (d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

• (6) In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).

Amendments to legislation