The Government has amended the Working Time Regulations to cut red tape without reducing the protection provided to workers. These regulations were extended in 2003 to cover the offshore industry - those engaged in 'Offshore Work' on installations and 'Seafarers', working in support/construction vessels. This guide shows how the regulations will affect those of you engaged in Offshore Work. The guidance prepared by a group drawn from the operator and contractor industry associations is based on that provided for all workers by the DTI in the Employment Regulations section of its website. Links are provided to the DTI guidance (updated on 21 July 2003) where the onshore provisions apply.
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Your Guide to the Working Time Regulations - Offshore Work
A worker is:
Someone doing in-house training or a trainee on work experience - for example, doing a National Traineeship - is a worker too.
A young worker is someone who is above the minimum school leaving age but under 18. Since few, if any personnel in this category are employed offshore, no information on specific requirements is included in this guidance -a link has been provided to the DTI guidance.
If you are self-employed, running your own business and are free to work for different clients and customers, these regulations do not apply to you.
"Offshore Work" means work performed mainly on or from offshore installations (including drilling rigs) directly, or indirectly in connection with the exploration, extraction or exploitation of mineral resources including hydrocarbons, and diving in connection with such activities, whether performed from an offshore installation or vessel.
This guidance does not apply to those working on construction, supply, standby etc. vessels or on diving support vessels (other than as divers), who are regulated under the Seafarers regime. The Merchant Shipping (Hours of Work Regulations) 2002 (SI 2002/2125) applies to such UK ships and foreign flag vessels visiting a UK port. These regulations are administered by the Maritime & Coastguard Agency (MCA).
"Seafarer" means any person, including the master, who is employed or engaged in any capacity on board a ship, on the business of the ship, but does not include persons who are training in a sail training vessel or persons who are not engaged in the navigation of, or have no emergency responsibilities on, such a vessel.
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Your Guide to the Working Time Regulations - Offshore Work
Employers must check:
If you are an employer, you must take all reasonable steps to ensure that workers are not required to work more than an average of 48 hours a week, unless they have signed an opt-out.
Special daily and weekly working time limits for Young Workers
See DTI guidance for specific requirements
What is ‘working time’?
The Working Time Regulations state that working time is when someone is "working, at his employer’s disposal and carrying out his activity or duties".
This includes:
| Category | Working Time | Calculated as | |
| Training | Safety and/or job-related | Y | 4hrs - Half day 8 hrs-full day, or actual hours, if more |
| Meetings | Onshore requested by employer | Y | 4hrs - Half day 8 hrs-full day, or actual hours, if more |
| Travel time | Home to/from installation | N | |
| Home to/from meetings | N | ||
| Home to/from training venue | N | ||
| Shift | As per contract | Y | e.g. OCA 12 hrs standard with rest breaks (1.5 hrs.) : 10.5hrs. |
| Other time | Overtime | Y | per hour worked |
| Other time | Held over | Y - if worked N - if not worked | per hour or shift |
| Rest Breaks | a) Tea | N | |
| b) Meal | N | ||
| c) Between Shifts | N | ||
| Bell diver | a) in bell and/or wearing suit | Y | |
| b) briefing/debrief | Y | ||
| c) resting in chamber | N |
Due to the unique nature of the offshore industry the "place of work" is also the location of the accommodation and leisure facilities. Therefore, time when the worker is not required to be at the worksite carrying out duties or to provide their services immediately in the case of need in other than emergency situations will not be calculated as working time. When a worker is on-call and is required to provide his/her services immediately in the case of need that time would be calculated as working time. In both cases, such workers would normally receive a minimum of 8 hours rest- any less would be exceptional and not systematic (Ref. Step Change in Safety - OIM Guidance on Offshore Rota and Rest Periods.)
DMAC has provided specific guidance on the maximum period divers can work in saturation (28 days), and on the durations of breaks between such consecutive periods (DMAC 21 Rev. 1 'Guidance on the Duration of Saturation Exposures and the Surface Intervals following Saturations').
How is the average weekly working time calculated?
The number of hours worked each week should be averaged out over 52 weeks or however long a worker has been working for their employer if this is less than 52 weeks. This period of time is called the ‘reference period’.
In other industry sectors where shorter reference periods are the norm, workers and employers can agree to calculate the average weekly working time over a period of up to 52 weeks under a workforce or collective agreement [more].
The average weekly working time is calculated by dividing the number of hours worked by the number of weeks over which the average working week is being calculated, for example 52.
When calculating the average weekly working time, if the worker is away during the reference period because he or she is taking leave or is off sick you will need to make up for this time in your calculation. Do this by adding the hours worked during the days which immediately followed the 52-week period - use the same number of days as those when work was missed.
Example 1:
A worker has a standard cycle (14 days) of 147 hours working offshore and 14 days onshore and does no overtime in the 52 week reference period. 14 days leave are taken during the reference period.
The total hours worked is:
26 weeks @ 73.5 hrs. per week = 1911
Add the time worked to compensate for the 14 days leave, taken from the first 14 days after the reference period. The worker does no overtime so 14 days of 10.5 hours (14x10.5) =147 should be added to the total.
Therefore their average (total hours divided by number of weeks):
| 1911+147 | = 39.57 hrs per week |
| 52 |
The average limit of 48 hours has been complied with.
Example 2:
A worker has a standard cycle (14 days) of 147 hours working offshore and 14 days onshore and does 10 hrs. overtime per offshore cycle time in the 52 week reference period. He also attends 3 x 1 day training courses during period’s onshore.14 days leave are taken in the reference period. The total hours worked in the reference period is:
(26 weeks of 73.5) + (13 x 10) + (3 x 8) = 2041
Add the time worked to compensate for the 14 days leave, taken from the first 14 days after the reference period. 14 days of 10.5 hrs. (14 x 10.5) =147 should be added to the total.
Therefore their average is (total hours divided by number of weeks):
| 2041+147 | = 42.07 hrs per week |
| 52 |
The average limit of 48 hours has been complied with.
What if a worker agrees to work longer hours?
An individual worker may agree to work more than 48 hours a week, provided for Offshore Workers this is consistent with the OIM guidance. If so, he or she should sign an opt-out agreement, which the individual can cancel at any time. The employer and worker can agree how much notice is needed to cancel the agreement, which can be up to three months. Otherwise the worker needs to give a minimum of seven days’ notice.
An Offshore Worker who opted out would still be required to comply with the criteria on shift length and minimum breaks between consecutive periods offshore set out in the OIM guidance.
Employers cannot force a worker to sign an opt-out. Any opt-out must be agreed to. Workers cannot be fairly dismissed or subjected to detriment for refusing to sign an opt-out.
Employers must keep a record of who has agreed to work longer hours.
Opt-out agreement - Working Time Regulations
I {name} agree that I may work for more than an average of 48 hours a week. If I change my mind, I will give my employer (amount of time - up to three months) notice in writing to end this agreement.
| Signed | Dated |
How will an employer ensure that individual employees do not work in excess of the maximum allowed annualised hours?
The maximum number of hours of work allowed is 2304 in 52 weeks. It is the responsibility of employers to keep appropriate records of time worked - refer to Section 8.2 for further details. Although not required by the Regulations, it is recommended good practice that employers request a declaration of time worked in previous employment from newly employed workers.
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A night worker is someone who normally works at least three hours a night. Night time is between 11 pm and 6 am, although workers and employers may agree to vary this.
Those engaged in Offshore Work are not subject to the Length of Night Work requirements for Night Workers. The requirement for Health Assessment for Night Workers, however do apply. These are set out in Section 4. Details of the other requirements which apply to most other categories of workers are available from the DTI guidance.
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If you are an employer you must offer night workers a free health assessment before they start working nights. In many cases it will be appropriate to do this once a year.
Employees who have a current UKOOA Medical Certificate or equivalent (specified in the Hardanger Agreement regarding mutual recognition of national medical certificates ) or a UK Diver Medical Certificate are considered to have met the requirements.
For details of the requirements consult Section 9 and the DTI guidance.
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Your Guide to the Working Time Regulations - Offshore Work
Employers must check:
Daily Rest
Due to derogations this section is not applicable to offshore workers, subject to the individual receiving compensatory rest - see 6.3.
An onshore worker is entitled to a rest period of 11 uninterrupted hours between each working day.
Weekly Rest
Due to derogations this section is not applicable to offshore workers, subject to the individual receiving compensatory rest- see 6.3. Reference should be made to DTI guidance for details of regime for onshore workers, which briefly involves such workers being entitled to one whole day off per week or two whole days per fortnight.
Employers must make sure that workers can take their rest, but are not required to make sure they do take their rest.
Special Rules for Young Workers
Consult DTI guidance for specific requirements for Young Workers.
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This guidance addresses the following three categories of Breaks:
The requirements on the first (Rest Breaks at Work) come from the UK Working Time regulations, while those on the latter two derive from the Step Change in Safety's "OIM Guidance on Offshore Rota and Rest Periods"
Employers must check:
If an onshore worker is required to work for more than six hours at a stretch, he or she is entitled to a rest break of 20 minutes. The break should be taken during the six-hour period and not at the beginning or end of it. The exact time the breaks are taken is up to the employer to decide.-due to derogations this section is not applicable offshore. However an offshore worker who does not get 20 minutes rest in each six-hour period is entitled to compensatory rest.
Particular categories of workers offshore are subject to their own rest requirements. In particular guidance on working patterns of divers has been promulgated by the Diving Medical Advisory Committee (DMAC) (DMAC 20 Rev. 1 'Duration of Bell Lockouts', DMAC 07 'Recommendations for Flying after Diving').
Employers must make sure that workers can take their rest, but are not required to make sure they do take their rest.
For information on when the limits may not apply click here.
Special Rules for Young Workers - see DTI guidance for specific requirements.
Planning for shift work for regularly assigned personnel on an offshore installation should be based on shift duration of no longer than 12 hours. Should an individual be required by circumstances to work in excess of 12 hours, increasing periods of minimum rest prior to the next shift should follow in a graduated manner. It should be only in emergency or very exceptional circumstances, such as where the safety of personnel or the integrity of the installation is directly affected, that working in excess of 16 hours should be required. Under such conditions an adequate account of the risks should be undertaken through a risk assessment and working in excess of 16 hours authorized by the OIM.
The OIM guidance based on the above, regarding maximum shift hours and minimum rest hours in a 24 hour period is summarized in Table 1.
Employers and workers can agree that the rights to rest periods and rest breaks may be varied, with the workers receiving compensatory rest.
These agreements can be made by ‘collective agreement’ (between the direct employer and an independent trade union) or a ‘workforce agreement’. If a worker has any part of their conditions determined by a collective agreement they can not be subject to a workforce agreement.
A workforce agreement is made with elected representatives of the workforce in most cases (see below). A workforce agreement can apply to the whole workforce or to a group of workers. To be valid, a workforce agreement must:
| Table 1: Cross-Industry OIM Guidance on Offshore Shift Hours Worked and Rest Periods | |||
| Standard Shift Hours | Maximum Shift Hours | Minimum Rest Period Following Shift | Comments/Local Rules |
| 12 | 12 | Not < 8 hrs | Normal routine work - Any excess should be exceptional and not systematic |
| Up to 14 | Not < 8 hrs | Up to 2 hours' overtime. Should not be planning to work 14 hours in any schedule | |
| Up to 16 | Not < 10 hrs | Documented authorisation by superintendent/ head of department | |
| 16+* | Not < 12 hrs | * Documented authorisation (which includes a risk assessment) by the OIM only, in advance of the extended period | |
The rest period in any 24 hr period would include meals and tea/coffee break
6.3 - What is compensatory rest?
"Compensatory rest" is a period of rest the same length as the period of rest, or part of a period of rest, that a worker has missed.
The regulations give all workers a right to an average of 90 hours of rest in a week. This is the total of your entitlement to daily and weekly rest periods. The exceptions allow you to take rest in a different pattern to that set out in the regulations.
The principle is that everyone gets his or her entitlement of 90 hours rest a week on average, although some rest may come slightly later than normal.
6.4 - Unmeasured working time
The regulations, apart from the entitlement to paid annual leave, do not apply if a worker can decide how long he or she works. However the individual would be expected to comply with the recommendations in the OIM Guidelines on Offshore Rota and Rest Periods.
A test, set out in the regulations, states that a worker falls into this category if "the duration of his working time is not measured or predetermined, or can be determined by the worker himself".
An employer needs to consider whether a worker passes this test. Workers such as senior managers, who can decide when to do their work, and how long they work, are likely to pass the test. Those without this freedom to choose are not.
6.5 - Partly unmeasured working time
There is an exception for workers who have an element of their working time pre-determined, but otherwise decide how long they actually work.
There is a test. This is that:
"the specific characteristics of the activity are such that, without being required to do so by the employer, the worker may also do work [in addition to that which is measured or pre-determined] the duration of which is not measured or pre-determined or can be determined by the worker himself".
Any time spent on such additional work will not count as working time towards the weekly working time or night work limits. Simply put, additional hours which the worker chooses to do without being required to by his employer do not count as working time; therefore, this exception is restricted to those that have the capacity to chose how long they work. The key factor for this exception is worker choice without detriment.
Some or none of a worker’s working time may meet the test. Any working time that does meet it will not count towards the 48-hour weekly working time limit or the night work limits.
This exception does not apply to:
6.6 - Who will it apply to?
No one can be forced to work more than an average of 48 hours a week against his or her will; this does not remove this protection from any worker. It applies to working time - it is not confined to any particular category of worker, but applies where the specific characteristics (i.e. the nature) of their work meet the test set out above.
Some Examples
The examples given are for illustrative purposes and do not provide an exhaustive list.
6.7 - Breaks between Consecutive Periods Offshore
The OIM guidance sets a limit for regularly assigned personnel on offshore installations on the number of consecutive days spent offshore, based on the duration of the regular offshore trip, of 150% of the regular trip or 24 days, whichever is less. For example, the maximum consecutive days spent offshore would be 21 days for a regular 14-day trip, 24 days would be the maximum consecutive days offshore for a regular 21-day trip. For itinerant workers who move between installations the OIM guidance allows for a maximum period of 24 days moving between installations which should be followed by a minimum rest break of 8 days.
The OIM guidance recommends that there should be documented authorization by the OIM, in the event of an individual exceeding 21 or where applicable 24 days. This should include:
During a period of extended working:
The number of rest days onshore between consecutive periods offshore should not be less than one third of that in the preceding period offshore. The one third rule is seen as a minimum, not a sanctioning of a regular three on one off cycle.
The above procedure should be followed, where it is proposed that non regularly assigned project personnel are to work in excess of 21 days in shut-down/refurbishment situations.
Note. DMAC has provided specific guidance on the maximum period divers can work in saturation (28 days), and on the durations of breaks between such consecutive periods (DMAC 21 Rev. 1 'Guidance on the Duration of Saturation Exposures and the Surface Intervals following Saturations').
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Your Guide to the Working Time Regulations - Offshore Work
Employers must check:
Workers are entitled to four weeks’ paid leave each year.
This entitlement is not in addition to any annual leave given to a worker under an employment contract. One is set off against the other, so that the amount of leave a worker gets is whichever of the two kinds of leave is longer.
Who is entitled to paid annual leave?
The entitlement to paid annual leave, including the right to compensation payments for untaken leave when you leave your job, begins on the first day of employment.
However, the employer can optionally use an accrual system whereby during the first year of employment the proportion of the leave which may actually be taken (with the employer's agreement) builds up over the year. The amount of leave which may be taken builds up monthly in advance at the rate of one-twelfth of the annual entitlement each month.
Where this calculation does not result in an exact number of days, the amount of leave which may be taken is rounded up to the next half day. Any rounded-up element is deducted from the leave remaining.
For example:
Requests to take leave in the first year are subject to the same notice requirements as any other leave: see section below.
At the end of a period of employment a worker will be able to claim for payment in lieu for any leave outstanding, calculated on a pro rata basis from the first day of the leave year or employment to the last day of employment, irrespective of how long that period may be in the current leave year.
How ‘leave years’ work
If you are a worker, you will be entitled to take paid leave, which will be based on your ‘leave year’; this will start at a date you agree with your employer. If you do not have an agreement, the leave year will start:
If you start work part of the way through an existing company leave year, your leave entitlement will be proportionate to the amount of time left during that year.
And if you leave your job part of the way through a leave year, your annual leave entitlement will be proportionate to the amount of the leave year that you have worked.
How to work out holiday pay due to workers who are leaving
The pay due can be worked out using the formula:
(A x B) - CWhere:
A is the period of leave the worker is entitled to;
B is how much of the worker’s leave year has gone before they left their job;
C is the amount of leave taken by the worker between the start of the leave year and the date they are leaving.
What is a week’s leave?
A week’s leave should allow you to be away from work for a week. So it is the same as the length of time you work in a normal or average week.
Giving notice to take leave
Employers and workers can agree how and when to give notice of when leave is to be taken.
In the absence of an agreement the notice period that a worker must give should be at least twice the period of the leave to be taken. An employer may refuse the worker permission to take leave requested within a period equivalent to the period of the leave. For example, if a worker wants to take a particular two weeks leave, he or she would have to give their employer at least four week’ notice. If a worker has given the employer four weeks’ notice that they want to take two weeks leave, the employer can come back within two weeks to refuse the leave. In general, Offshore Workers would be expected by their employers to take their leave during one or more of their field breaks.
The following describes the minimum a worker should be paid for their leave entitlement under the regulations.
For workers paid a fixed wage or salary (fixed hours and pay)
If you are a worker whose normal working hours do not vary, a week’s pay is the pay due for the basic hours you are contracted to work. Pay for overtime hours is not included unless it is guaranteed overtime, i.e. required by the contract between you and your employer.
For piece workers or workers on commission (hours constant and pay varies)
If you are a worker whose pay varies with the amount of work done (such as with piece work) or when a week’s pay is partly made up of variable bonuses or commission directly related to that week’s output, then a week’s pay is your average hourly rate multiplied by your normal working hours.
To calculate your hourly rate: divide your weekly pay over the previous 12 weeks by the number of hours you worked during the same period (the pay and hours of non-compulsory overtime is excluded). Any week in which you receive no pay is replaced by the week before the 12 weeks when you were paid, to bring the total to 12.
If you are on commission or performance-related bonuses, 12/13 of any quarterly bonus or 12/52 of any annual bonus is included. Only bonuses specifically related to a week’s work should be included; general ‘profit-sharing’ or other such bonuses are not included.
A week’s pay is the total eligible pay (excluding voluntary overtime but including relevant bonuses) over the 12-week period divided by 12.
For shift workers (hours and pay vary in a set pattern)
If you are a shift worker and you work a set pattern but the hours you work and the money you earn each week vary, you can work out your week’s pay by finding the average number of hours you work each week and your average hourly rate.
To work out the average number of hours you work each week, add up all the hours you have worked over the past 12 weeks and divide them by 12. If you are a piece worker, you can work out your average hourly rate in the same way; i.e. add up how much you have earned over the past 12 weeks and divide it by the number of hours you have worked. You should not include voluntary overtime in either of these calculations, but you include shift premia.
For workers who work irregular hours (hours and pay vary)
If you do not work regular hours - you may be an agency worker who works different hours every week or a sales representative who gets paid commission only - you should average your pay out by adding up all your pay for the past 12 weeks and dividing it by 12. If you did not earn anything during one week, add in the pay from the week before the 12th week to bring the total up to 12.
These examples refer to a 12-week period for calculating leave. If you have not worked 12 weeks, the period actually worked could be used to calculate the payment due. For example, if 6 weeks have been worked, then in the above examples 12 should be replaced by 6.
For Offshore Workers who work on a regular rota
You may be an offshore worker working fixed periods offshore followed by similar length periods onshore - you should average your pay out by adding up your pay over the past 12 weeks and dividing by 12.
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This section contains more information on:
There are four classes of exceptions where some of the rules may not apply:
See DTI guidance for details.
Special circumstances
The night work limits (including the limit for special hazards), rights to rest periods and rest breaks do not apply where:
What records do employers need to keep?
If you are an employer, you need to keep records that show:
How are the regulations enforced?
Enforcement is split between different authorities. The limits are enforced by the Health and Safety Executive (HSE) and local authority environmental health departments. The HSE is the enforcement authority for those engaged in Offshore Work. The entitlements to rest and leave are enforced through employment tribunals.
Working time limits
The HSE enforces the limits in factories, building sites, mines, farms, fairgrounds, quarries, chemical plants, nuclear installations, schools and hospitals. Enforcement will be in line with the Health and Safety Commission’s (HSC) Enforcement Policy Statement. Copies may be obtained from HSE books.
Local authority officers ensure the regulations are followed in shops and retailing, offices, hotels and catering, sports, leisure and consumer services.
Entitlements
If you are a worker and you feel you are not receiving your entitlements, we suggest you take the following steps:
If you want to make a claim under the regulations, the Advisory, Conciliation and Arbitration Service (ACAS) will offer the services of a conciliator to help the employer and worker to reach a settlement without the need for a tribunal hearing. Part of the conciliator’s role is to explain how tribunals work and how a tribunal arrives at decisions. This service is free of charge.
If you want to take a complaint to a tribunal, you should do so within three months. The tribunals offer an informal way of ensuring that workers are given their rights. These tribunals generally have three members: a legally qualified chairperson and two other lay members who have experience of dealing with work-related problems.
For contact details click here.
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(Not applicable to most personnel offshore who will have UKOOA or equivalent medical certificates)
Sample Health Questionnaire
This health questionnaire is provided for sample purposes only.
ARE YOU FIT TO WORK NIGHTS?
The purpose of this questionnaire is to ensure that you are suited to working at night. All the information you provide will be kept confidential.
| TYPE OF WORK/DURATION OF NIGHT WORK | |
| 1. Surname | |
| 2. First and second name/s | |
| 3. Sex | M/F |
| 4. Date of birth | |
| 5. Permanent address | |
| 6. Job title | |
| 7. National insurance no. | |
| 8. Department/clock no. | |
| Do you suffer from any of the following health conditions? | |
| Diabetes | Y/N |
| Heart or circulatory disorders | Y/N |
| Stomach or intestinal disorders | Y/N |
| Any condition which causes difficulties sleeping | Y/N |
| Chronic chest disorders, especially if night-time symptoms are troublesome | Y/N |
| Any medical condition requiring medication to a strict timetable | Y/N |
| Any other health factors that might affect fitness at work | Y/N |
If you have answered ‘yes’ to the above question, you may be asked to see a doctor or nurse for further assessment.
I, the undersigned, confirm that the above is correct to the best of my knowledge.
| Signed | Dated |
ASSESSMENT
{This gives an indication of whether the worker is fit to work nights or should see a doctor or nurse for a medical examination}
| Signed | Dated |
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For help with matters to do with the weekly and night working time limits and health assessments, you should:
Call the Health & Safety Executive (HSE) Infoline on 08701 545500 or contact the Environmental Health Department of your Local Authority, or write to
HSE Information Centre
Broad Lane
Sheffield
S3 7HQ
For help with matters about time off, rest breaks and paid annual leave, call an ACAS public enquiry point:
If you need information about making a claim or going to a tribunal, please call the Employment Tribunals Service enquiry line on 0845 7959775
Sources of Useful Publications
Many HSE publications are available from booksellers. You can also purchase by mail order from:
HSE Books
PO Box 1999
Sudbury
Suffolk
CO10 6FS
Tel: 01787 881165
Fax: 01787 313995
If you want to find out more about tribunals, read the Understanding Employment Tribunals series of booklets which are available from local Employment Service Jobcentres or Citizens Advice Bureaux.
You can order a printed version of the dti document for all workers from DTI Publications.
This guidance has been developed by a group drawn from the following industry associations:
