Presentation on theme: "Working Time Directive. Perhaps an odd choice to be leading this discussion. I am a small animal practitioner Self-employed employer and can therefore."— Presentation transcript:
Working Time Directive
Perhaps an odd choice to be leading this discussion. I am a small animal practitioner Self-employed employer and can therefore chose to work what I like. 15 years ago I contracted into an out of hours provider My practice opens 8.30am to 6.30pm weekdays Open 8.30am to 12 noon on Saturdays. Reviewing I have not worked a night, Sunday or Bank Holiday for those 15 years. Clients will be km from the Emergency Centre So forgive me if I miss out on some of the fine detail of this discussion.
Working Time Directive
Started by request from RCVS. How other States are coping with WTD. January 2009 on UEVP discussion loop Stockholm GA formalised questionnaire Working Time Directive
In the UK The mandatory 11 hour rest period in any 24hrs. This requirement can be adjusted by agreement with employees but it is becoming increasing difficult to enforce. Defining what is work time when on-call. Is an employee working if they are on call but at home and asleep? Practitioners seemed to fear most the imposition of a 48 hour working week regardless of any agreement with the employee. However surveys show that few Veterinarians ever work more than 48 hours. Working Time Directive
Events have slightly over-taken European Parliament has failed to agree on further developments of the Directive. We are left to deal with the issue on a national level and in response to cases taken through a legal review. Working Time Directive
A mandatory 48 hour week unless a workforce agreement is in place. This must be reasonable and may, for example average the 48 hours and offer due compensation should an employee have a particularly busy night of weekend. Out of hours work definitions have been shaped by some legal cases –If an employee is on call at home and they are not working until a call is taken and acted upon. –If an employee is on-call at the veterinary premises and even if they are sleeping there, they are working. Working Time Directive Again In the UK
The RCVS asks for “steps to be taken” to provide 24 hour care for clients. This may involve the client travelling “reasonable distances” to obtain help. This is not defined but will defend on location. It encourages cooperation between practices and allows the formal contracting of services to an out of hour provider. Working Time Directive
The Large Animal sector of the profession has largely maintained the traditional on-call approach but there are increasing examples of practices sharing on-call provision. The variation in the legislation is the exemption of the 11 hour break for agricultural workers. Whilst used, there is no absolute certainty that it applies to veterinary practice. Working Time Directive
And so to our survey. We asked: 1.Has your Country adopted the Working Time Directive (EU reference number 93/104/EC of 23 November 1993)? YES NO 2.Has your National Government drawn up a Working Time Regulation (WTR)? YES NO 3.Does the veterinary profession in your country have to comply with your National WTR? YES NO –If yes, is it a disciplinary offence to breach your professional obligation? YES NO 4.What are the difficulties, if any, that compliance will cause veterinary practices in your country? Working Time Directive
Two have not adopted the WTD and one has partially implemented it although all have a national policy on working time Seven countries have some sort of exemption for veterinarians The commentary is very interesting with most of us concerned with the definition of “on-call” time. Local agreement and adjustments seem possible, for the time being, in several countries. Whilst I like Greece’s view that WTD will never be fully implemented, in the UK our younger members are pushing hard for change and starting to challenge the working hours expected of them. We also have the interesting possibility of a British Veterinary Union who may campaign for change. Working Time Directive
Small Animal Cadaver How to dispose of Dead Dogs & Cats The problem in the UK Cadavers are classified as Veterinary Waste It is our understanding that elsewhere Cadavers are disposed of under Animal By Products Legislation.
Our problem is in situations where the pet may have Infectious Disease Treatment with Chemotherapy Medicine These are classed as Hazardous Waste and require expensive disposal
Do other members have problems in their Countries? Are Cadavers disposed under No specific legislation Animal By Product legislation Healthcare waste legislation Other