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By sections 2(1) and 3(1) of the Health and Safety at Work Act 1974 ("the Act") employers owe duties to their employees to ensure their health and safety both at work and by the way that they conduct their business.

The Working Time Regulations 1988 ("the WTR") imposes a number of obligations on employers in relation to the hours worked by employees. This includes placing a limit upon the number of hours workers can, on average, work each week and establishing requirements for rest breaks whilst at work and between periods of work.

The interaction between the Act and the WTR has been seen in a number of cases in recent months. The most publicized of these is that involving The Produce Connection. This Cambridgeshire potato company was fined :%$pound;30,000 and ordered to pay costs of :%$pound;24,000 after admitting breaching health and safety legislation following the death of Mark Fiebig, one of its employees.

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The Facts

Mr. Fiebig did not die at work but when his car crossed into the path of a lorry whilst he was driving home from work. In the 11 days preceding the accident Mark Fiebig, who was a tractor driver, had worked an average of 17 hours per day. In the 4 days immediately before his death he had worked 19 hours per day.

Practical Implications

Whilst the facts in the above case may appear unusual employers must be aware that they could face a prosecution for injuries sustained to or accidents caused by employees both during and outside of work if it can be shown that excessive working hours were a contributory factor.

Employers, particularly in businesses where long working hours are commonplace, should review their operating practices. Clearly, monitoring working hours (including the time that an employee may have to spend traveling to and from work) will not be sufficient unless positive action is taken to tackle potential risks revealed by this.