Working Time Regulations extended to sea-fishermen

Under the provisions of The Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004, which come into force on 16 August 2004, the requirements of the European Working Time Directive are extended to workers on sea-going fishing vessels that are registered in the UK. The key requirements for employers (in summary only) are:

• Workers to whom the Regulations apply should not work more than 48 hours a week, averaged over a reference period of 52 weeks, and the employer should take all reasonable steps to ensure that the limit is complied with.
  
  
• Workers are entitled to adequate rest and the total number of hours comprised in rest periods is not to be less than 10 hours in each day and 77 hours for each seven day period. However, longer breaks may be necessary where the nature of the work puts the worker's health and safety at risk.
  
  
• Those workers who meet the definition of "night workers", i.e. those who work for at least 3 hours during a period of not less than 7 hours that
  
  
  • includes the period between midnight and 5 a.m. (local time), if determined by a relevant agreement (including a workforce agreement), or
    
    
  • otherwise, is the period between 11 p.m. and 6 a.m. (local time),
    are entitled to health assessments. Companies may be required to provide information on their night workers to the Maritime and Coastguard Agency.
    
    

• Employers must keep records of the hours worked by their workers, their breaks and any health assessments.
  
  
• Workers are entitled to four weeks' paid annual leave.

A number of exceptions apply and the working time limit may be exceeded in emergency situations.

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...back to 16 July 2004

Sources:
www.hmso.gov.uk/si/si2004/20041713.htm
www.hmso.gov.uk/si/em2004/uksiem_20041713_en.pdf