1. Introduction
Section 16 of the Organisation of Working Time Act 1997 provides protections for night workers, who are defined as employees who normally work at least three hours of their daily working time between midnight and 7 am.
This article considers the maximum working time for night workers, the health assessment requirements, and the special rules that apply to night workers performing hazardous work.
2. Legislation and Case Law
Section 16(1) of the 1997 Act defines a “night worker” as an employee whose normal hours of work are such as to involve the employee working not less than three hours between midnight and 7 am, and the number of hours so worked in any year equals or exceeds 50% of the total hours.
Section 16(2) provides that the absolute maximum working time of a night worker in any 24-hour period is eight hours where the work involves special hazards or heavy physical or mental strain.
Section 16(3) provides that the average weekly working time of a night worker, calculated over a reference period of up to two months, shall not exceed 48 hours.
Section 16(4) requires the employer to provide a free health assessment to night workers before they take up the assignment and at regular intervals thereafter. The assessment must be conducted by a competent medical practitioner.
3. Decision
The WRC will examine whether the complainant qualifies as a night worker under the Section 16(1) definition, and whether the employer has complied with the working time limits and the health assessment requirements.
Where the employer cannot produce records of night worker health assessments or evidence of compliance with the 48-hour weekly average, the burden of proof under Section 25 of the Act may operate against the employer.
Compensation under Section 27 reflects the breach of statutory protection. Where the breach is systemic or has continued for an extended period, awards may be substantial.
4. Takeaway
Employers operating night-work patterns must identify the night workers in their workforce and arrange health assessments before each assignment and at regular intervals. The assessments should be documented and offered free of charge.
Employees who work regularly at night should request a health assessment if one has not been offered, and should monitor their weekly working hours to ensure compliance with the 48-hour limit.
5. Further information
This article was prepared for informational purposes only. For further advice, please email enquiries@crushell.ie or contact the offices of Crushell & Co Solicitors.
6. About Crushell & Co
Crushell & Co is a specialist law firm focused on protecting and advancing the rights of employees in Ireland. We offer a nationwide service, advising individuals on a wide range of legal and regulatory issues arising at work, including employment law, employment immigration and workplace accidents and injuries.
We help employees understand their position and options by translating complex legal issues into clear, practical advice. Our approach is tailored to each client, ensuring that our strategy is aligned with their personal and professional circumstances.
Connect: @CrushellLaw or www.wordpress-576593-6594403.cloudwaysapps.com
