WO toolkit 2012 complete.pdf - GMB

SECTION 5.3
Exemptions
Drivers of vehicles under 3.5 tonnes and those subject to tachograph rules are entitled to‘adequate’
rest periods,rather than a prescribed time period.The rest should be adequate enough to prevent
accidents and injuries caused by fatigue or irregular working patterns.
Some occupations requiring continuity may be exempted from the rest break provision these include:
• Some security guards/caretakers.
• Some NHS jobs.
• Work at docks or airports.
• Gas,water and electricity production or distribution.
• Refuse collection.
• Industries where work cannot be interrupted on technical grounds.
• Where there is a foreseeable surge of activity including tourism and agriculture.
However,workers in these occupations are still entitled to periods of equivalent compensatory rest
which should be taken as soon as possible after their breaks have been delayed.It may be possible to
ensure that these exemptions are only invoked when management are caught out by unexpected
events e.g.power failures or major incidents.
You can complain to an employment tribunal if your employer refuses to allow you to have rest breaks.
REMEMBER: there may be more than one person affected by this issue.
Consider calling a meeting to advise,recruit and organise.