HSA - Night and Shift Workers

Night and Shift Workers

What is night work?
Night work refers to work carried out during the period between midnight and 7 a.m. on the following day.

What is a night worker?
A night worker is an employee:

who normally works at least 3 hours of his or her daily working time during night time (i.e. between midnight and 7 a.m. on the following day), and
who’s ‘night-time’ working hours in each year is equal to or exceeds 50% of the total number of hours worked by him or her during that year.

Is it legal to work alone at night-time?
Yes. There is nothing specific in general legislation that prohibits a person from working alone at night. Section 19 of the Safety, Health and Welfare at Work Act 2005 requires the employer to undertake a risk assessment, and so this shall determine whether or not an employee may work at night-time. Therefore, in general, an employer must assess whether an employee is at significantly higher risk when working at night, and determine what measures should be put in place to eliminate or minimise such risks. However, in addition to undertaking a risk assessment, the employer must also consider the provisions of Section 16 of the Organisation of Working Time Act 1997, relating to night workers.

Who is exempt from the Night Work and Shift Work Regulations?
These Regulations do not apply to:

hose not covered by the rest and maximum working time rules of the Organisation of Working Time Act 1997
members of the Defence Forces, the Garda Siochana, junior hospital doctors, transport employees
those who work at sea
those who control their own working hours
family employees working on a farm or in a private house.

What does your ‘circadian rhythm’ mean?
The human body follows a daily rhythm, which involves the fluctuation of over 100 body functions, with regular peaks and troughs, in a 24-hour cycle. These daily cycles are called circadian rhythms. The word ‘circadian’ comes from the Latin ‘circa dies’, meaning ‘about a day’.

Circadian rhythms regulate body functions such as temperature, metabolism, digestion, blood pressure, secretion of adrenalin, sleeping and waking. These rhythmical processes form the body’s internal clock and are co-ordinated so as to allow for high activity (peaks) during the day and low activity (troughs) at night. Hence, this is one reason why people often feel most active and alert around 4-6pm, and sleepiest around 4-6am.

What are the possible effects of night/shift work?
Night/Shift work may cause or contribute to the following effects:

1. Biological Effects:

cardiovascular disorders
gastrointestinal disorders
circadian dysrhythmia

2. Psychosocial Effects:

sleep loss/fatigue
lowered performance
increased accidents
stress

3. Individual Effects:

disrupted family and social life, e.g. isolation from friends, family, social events and celebrations, sports matches, etc.

Is there a maximum number of hours that a night worker can work?
1. Where a night worker is classed as a ‘special category night worker’, they must not work more than 8 hours in each period of 24 hours.

2. Otherwise, a night worker must not work more than an average of 8 hours in each 24 hours (calculated over a reference period of consecutive days or 2 months or a greater length of time if specified in a collective agreement that stands approved by the Labour Court)

How do I know if someone is a ‘special category night worker’?
A ‘special category night worker’ means a night worker to whom an assessment carried out by his/her employer, in relation to the risks associated with the work that the night worker is employed to do, indicates the work involves special hazards or a heavy physical or mental strain. This assessment must take into account specific effects and hazards of night work.

Does the employer have to assess and monitor the health of night workers?
Yes, the employer must offer the employee an assessment, free of charge, in relation to the effects, if any, on their health because of night working. This assessment must be offered:

before he/she employs a person as a night worker, and
at regular intervals during the period that the person is employed as such a worker

Who carries out these health assessments?
A registered medical practitioner or a person acting under his or her supervision must carry out this assessment.

Is the employer informed of the outcome of such a health assessment?
The medical practitioner informs the employer concerned of his/her opinion as to whether the employee is fit or unfit to perform the night work concerned, taking into account medical confidentiality. If their opinion is that the employee is unfit to perform that night work only because of the particular conditions under which that work is performed, it may be possible that the same employee could be considered fit to work if certain changes in working conditions were made, i.e. in limited circumstances.

Also, there are provisions under the Protection of Pregnant, Post Natal and Breastfeeding Employees in the General Application Regulations 2007 whereby a registered medical practitioner certifies that it is necessary for the safety or health of an employee during pregnancy or for 14 weeks following childbirth that she should not be required to perform night work, the employer shall not oblige her to perform night work during that period.

However, neither a registered medical practitioner nor a person acting under his/her supervision can disclose the clinical details of the assessment to any person other than the employee concerned (or a person designated under section 63 of the Safety, Health and Welfare at Work Act 2005

What must an employer do if a night worker becomes ill or shows symptoms of ill health that is/are connected to night/shift work?
If a night worker becomes unwell for reasons connected with night work, the employer must reassign him or her to suitable duties that do not involve night work, where this is possible.

What factors should employers consider so as to minimise the adverse safety and health effects of shift-work and night-work?

Include shift and night workers in all company training initiatives
Introduce family-friendly policies that include the difficulties faced by shift and night workers
Educate managers, shift workers and night workers about the need for proper sleep and the dangers of fatigue
Ensure all night and shift workers are considered in all appropriate risk assessments and workstation assessments
Adjust exposure levels to noise, chemicals, physical hazards, etc. as necessary, as workplace exposure levels are based on 8-hour reference periods, and not extended shifts
Consider employee safety going to and coming from work due to fatigue, and particularly at unsociable hours; advise on the use of carpools, public transport, rested drivers and taxis
Ensure car parks and external entrances are well lit at night time
Provide good meals facilities for night/shift workers
Ensure proper ventilation of workplace
Install bright lights where practicable in work areas (to signal to the body to be alert and awake)
Offer alternatives to night and shift workers who have difficulty adjusting to such work

What can individuals themselves do to cope better with night/shift work?

Exercise before your shift starts
Take a nap of 1-4 hours before the first night shift
Keep to a regular sleeping pattern
Have your largest meal after your day-time sleep, before starting the night shift
After your last night shift, have a short sleep and then go to bed early that night
Eat balanced and regular meals
Only have a light meal in the middle of a night shift; choose small portions
Avoid fatty foods entirely during your shift
Only have caffeinated drinks before or early during your shift
Avoid alcohol and smoking before going to bed
Take short breaks during your shift
Try to do some exercise during breaks
If possible, do the lightest/easiest tasks between 4-6am