Doctors' Working Lives News
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Wednesday, November 15, 2006
ECJ tightens up on rest breaks / Another EWTD compromise proposal bites the dust
Sorry, poll voters... the European Court of Justice doesn't agree with you. The majority of you feel that employers should encourage and provide breaks, but don't need to enforce them (see poll here), and that is indeed what our Government guidelines state. However, the ECJ has now ruled against this, saying that UK Government guidance doesn't meet the EWTD requirements on rest breaks. The DTI's guidelines state that "employers must make sure that workers can take their rest, but are not required to make sure they do take their rest". The ECJ have ruled that this is contrary to the Directive. The DTI are now considering what to do next. However, while some think this could cause serious problems, other commentators feel it won't make much difference to most employers.
Meanwhile, elsewhere in the EU, the Finnish presidency were proposing an EWTD compromise deal, but this seems to have been scuppered by 5 EU states. The Finnish plans would have allowed an opt-out up to 60 hours over a 3 month reference period, the phasing out of of the opt-out over time, and compensatory rest to be taken within "a reasonable period" (to be agreed by individual member states or by collective agreement). However, like all the previous WTD solutions it has hit the rocks.
The European Commission is now planning to take legal action against the 23 member states who it says are breaching the directive. Some feel that this action is overdue and has been repeatedly delayed while negotiations take place - for instance, the Ombudsman who claims that Germany are still flouting SiMAP/Jaeger.
UK News
The RCP proposes a three nine-hour shift system as the safest way to provide 24 hour cover. Note that this is available to download free from the RCP website, as well as to purchase in hard copy for £12. See also the BMJ report on this document.
Relaxation of mobile phone restrictions - does it go far enough? (BMJ)
SiMAP ruling upheld in hotel worker EAT(BBC) Click herefor the text of the Anderson v Jarvis Hotels plc judgement.
Offshore riggers to come under EWTD - employers say SiMAP/Jaeger could devastate industry (FT)
Doctors "an accident danger" because of long shifts (Herald - also see BBC and Politics.co.uk)
Doctor crashes car due to exhaustion after 11.5 hour late shift (BMJCF)
Irish hospitals' refusal to pay for unrostered overtime could derail EWTD projects, says Irish Medical Organisation (Irish Medical Times)
More about Irish pilot projects (Irish Health)
NHS Lothian to import US Physician Assistants (allmediascotland.com)
International news
Queensland health crisis "not due to reduced doctors' hours" (Herald Sun, Australia)
Australian doctor works a 159-hour fortnight (Adelaide Now)
Doctors tempted to move to Australia - but may run into a bigger long hours problem (icWales)
Did crash pilots get enough sleep? Questions asked by US investigation. (NSF)
US doctors breaching hours limits (MarketWatch)
US doctors failing to comply with work-hour limits (JAMA)
Hong Kong to pay doctors for actual work, but not on call duty (The Standard, China)
Flexible training
Survey of interest in part-time training in general surgery (JAMA)
On being a flexible trainee (BMJCF)
Advice for doctors
Getting more energy (BMJCF)
Give me a break - one doctor on why medics need to take their breaks (BMJCF)
Tips on: Your first on call as an A&E FY1 (BMJCF)
Surviving a rotation (BMJCF)
Medical staffing
MMC presentations given at RCS seminars
Australian article on managing locum cover (MJA)
Improving trust induction for junior doctors (BMJCF)
Meeting reports from NHS Employers' Medical Workforce Forum
Research
More evidence that naps improve performance on 12-hour night shifts (Ann Emerg Med), while an MJA editorial looks at the literature on napping
Sleep deprivation affects decision-making (Neuropsychologia)
Long A&E shifts linked to heart disease risk for doctors (Am J Hypertens)
Work hours linked to hypertension (Hypertension)
Working Rotating Night Shifts Linked to Higher Risk of Prostate Cancer (AJE)
Long hours may increase risk of percutaneous injuries (JAMA)
Long hours, vascular function and inflammatory markers in doctors (JAMA)
New ways of working
Surgical care practitioners are having a detrimental effect on surgical training. ... Or are they? (BMJCF)
Simulation technique for surgical training (BMJCF)
0 Comments:
Meanwhile, elsewhere in the EU, the Finnish presidency were proposing an EWTD compromise deal, but this seems to have been scuppered by 5 EU states. The Finnish plans would have allowed an opt-out up to 60 hours over a 3 month reference period, the phasing out of of the opt-out over time, and compensatory rest to be taken within "a reasonable period" (to be agreed by individual member states or by collective agreement). However, like all the previous WTD solutions it has hit the rocks.
The European Commission is now planning to take legal action against the 23 member states who it says are breaching the directive. Some feel that this action is overdue and has been repeatedly delayed while negotiations take place - for instance, the Ombudsman who claims that Germany are still flouting SiMAP/Jaeger.
UK News
The RCP proposes a three nine-hour shift system as the safest way to provide 24 hour cover. Note that this is available to download free from the RCP website, as well as to purchase in hard copy for £12. See also the BMJ report on this document.
Relaxation of mobile phone restrictions - does it go far enough? (BMJ)
SiMAP ruling upheld in hotel worker EAT(BBC) Click herefor the text of the Anderson v Jarvis Hotels plc judgement.
Offshore riggers to come under EWTD - employers say SiMAP/Jaeger could devastate industry (FT)
Doctors "an accident danger" because of long shifts (Herald - also see BBC and Politics.co.uk)
Doctor crashes car due to exhaustion after 11.5 hour late shift (BMJCF)
Irish hospitals' refusal to pay for unrostered overtime could derail EWTD projects, says Irish Medical Organisation (Irish Medical Times)
More about Irish pilot projects (Irish Health)
NHS Lothian to import US Physician Assistants (allmediascotland.com)
International news
Queensland health crisis "not due to reduced doctors' hours" (Herald Sun, Australia)
Australian doctor works a 159-hour fortnight (Adelaide Now)
Doctors tempted to move to Australia - but may run into a bigger long hours problem (icWales)
Did crash pilots get enough sleep? Questions asked by US investigation. (NSF)
US doctors breaching hours limits (MarketWatch)
US doctors failing to comply with work-hour limits (JAMA)
Hong Kong to pay doctors for actual work, but not on call duty (The Standard, China)
Flexible training
Survey of interest in part-time training in general surgery (JAMA)
On being a flexible trainee (BMJCF)
Advice for doctors
Getting more energy (BMJCF)
Give me a break - one doctor on why medics need to take their breaks (BMJCF)
Tips on: Your first on call as an A&E FY1 (BMJCF)
Surviving a rotation (BMJCF)
Medical staffing
MMC presentations given at RCS seminars
Australian article on managing locum cover (MJA)
Improving trust induction for junior doctors (BMJCF)
Meeting reports from NHS Employers' Medical Workforce Forum
Research
More evidence that naps improve performance on 12-hour night shifts (Ann Emerg Med), while an MJA editorial looks at the literature on napping
Sleep deprivation affects decision-making (Neuropsychologia)
Long A&E shifts linked to heart disease risk for doctors (Am J Hypertens)
Work hours linked to hypertension (Hypertension)
Working Rotating Night Shifts Linked to Higher Risk of Prostate Cancer (AJE)
Long hours may increase risk of percutaneous injuries (JAMA)
Long hours, vascular function and inflammatory markers in doctors (JAMA)
New ways of working
Surgical care practitioners are having a detrimental effect on surgical training. ... Or are they? (BMJCF)
Simulation technique for surgical training (BMJCF)
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