1 Introduction.
2. Investigation and appraisement report.
3. Implementing a proper working hours code.
4. What do HEALTH and SAFETY laws have to do with working hours.
5. Design and evaluation and of shift system
6. For information concerning how shifts should be arranged
7. Management services –Outside of normal hours.

CODES OF GOOD CONDUCT.2

HOURS OF WORK – what is fair?

We at labour Justice supply a monthly Info Sheet to all our clients and those in business and management who need to be constantly updated. This is a free service.

WOULD YOU LIKE TO BE PART OF THIS SERVICE AND RECEIVE OUR MONTHLY INFO SHEET ?
If so, please send an email with your name, company name and telephone number and your position in that company to employerhotline@labourjustice.com  and info@labourjustice.com 

A critical code especially during the Christmas holiday period.

1 Introduction.
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In certain circumstances, especially at the Christmas Period, an Employer may need to amend its Working Hours and add in a shift system.
Alternatively, and due to either operational reasons or due to the employer wishing to become compliant with the law, a new code for working hours must be planned and implemented.
We shall attempt to provide basic information and guidelines to employers about a Working Hours Code, concerning how to arrange working time and an understanding of the impact of that working time on the health, safety and family responsibilities of the employees.
This has VITAL impact on you, the employers.Once again, it is obvious that all we can do is give you the basics but in practice, the code deviates in implementation from Company to company.

If in any doubt please call 0721768309 and ask for LESLEY or by email to employerhotline@labourjustice.com 

2. Investigation and appraisement report. 
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In evaluating the working conditions internally, the employer must be in a position where it and its management can assess the impact that hours of work can and will have on employees and their families. 
At Christmas time certain companies do need to be open longer hours and /or to implement a shift system and even night work.
It is therefore important to advise that a proper and constructive Investigative Report and Appraisement be undertaken and from our experience, that this report be investigated and drafted by outside professionals. 
The investigation and report, which should be conducted at regular intervals, must examine whether the work environment, in particular the lighting and heating, are adequate for the health, safety and physical comfort of employees, particularly night workers and must make a proper Risk Assessment. If a Worker Committee for Health and Safety exists, said report should incorporate these members. Where a Worker Committee does not exist, the report should make provision for the establishment of such a Health and Safety Committee but this should not be to the detriment of the employer.
Please know that we are specialists at such investigation. While this reads as an advert for us (which lets be honest it is) it will serve the company well as you will discover by reading the information in this sheet, to call in professionals to help and advise you and where necessary, to draft the Appraisement.
In our opinion, the report should contain investigated information on How any Shifts should be arranged and implemented; the actual design of a Shift and its Roster and how the company will handle and comply with HEALTH ASSESSMENTS and COUNSELING.

3. Implementing a proper working hours code.
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Once you the employer have in your hands a fully competent report, implementing working hours should then be implemented in liaison with all employees.

Further, the following vital issues must be brought to your attention as they govern and regulate all Codes of Working Time:-

1. All Hours of Work are governed by section 87(1)(a) of the Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997) which I shall refer to through this document as the BCEA and in particular Chapter Two.
   
   
2. Section 7 of the BCEA requires employers to regulate the working time of each employee using the set minimum standards;
   
   
3. All Working Hours must be implemented in accordance with the provisions of any Act governing occupational health and safety, with the onus on the Employer implementing such working hours with following:-
   
   1. due regard to the health and safety of employees;
      
   2. due regard to this Code of Good Practice;
      
   3. due regard to the family responsibilities of employees.

THAT IS THE LAW. And it is for this reason that perhaps an evaluation be done to appraise your Codes and systems and how they should be applied with particular reference to Working Hours including what is called a risk assessmen. 

4. What do HEALTH and SAFETY laws have to do with working hours.
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It is a fact that the regulation of working time of all employees in South Africa is closely associated with the protection and promotion of the health and safety of employees.Firstly, Hours of work are regulated by the BCEA and we opine that this is so as to ensure that the employees are not abused in any way and further, that they remain refreshed so as to increase productivity Secondly, and again we would opine, that it makes common sense to maintain acceptable working and to maintain a stable and safe working environment that limits any risk to employees. An unsafe working environment does impact on both absenteeism and productivity as a result of lost man hours and attention to duties. Thirdly, the safety and Health aspects of the work environment are regulated in terms of the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993), (OHSA) 85 of 1993 and the Mine Health and Safety Act, 1996 (Act No. 19 of 1996), (MHSA).Let us take a brief look at these acts:-

1. It is necessary for Employers to conduct a risk assessment. This means that it is up to you the employer to investigate your working environment and to identify hazards in terms of both safety and security while assessing the risk that these hazards pose to the health and safety of your employees.

   The results of the risk assessment must be recorded and properly maintained.

   WE CAN SHOW YOU HOW TO DO THIS IN A COST EFFECTIVE MANNER.
   

2. The onus on you the Employer to implement appropriate measures to eliminate or control hazards identified in the risk assessment. Again, we can show you how to do this in the most cost effective and efficient manner; 
   
   
3. The Onus is on you the Employer to train your staff effectively and supply appropriate information to all employees about the risks to their health and safety and the measures taken to control such risks.
   Unless you know what you are doing, this exercise can cost you a large sum of money and it is for this reason that we advocate being called in to assist you in both the effective training of staff and the supply of updated monthly information;
    
4. Worker Committee dedicated to health and Safety should be established and IN OUR EXPERIENCE IT IS BETTER TO DO THIS UNDER A DEDICATED worker Committee Constitution that tends to sway in your favour as the employer;

   This committee should in theory be elected into office by the collective employee body; 

5. Elected Committee members do have powers. These elected workers health and safety representatives and committees are entitled to participate in the risk assessment and control of hazards, which is the reason we advocate that they be implemented under specific constitution thus limiting their “powers”.
   
   
6. Employees have a duty to protect themselves . As employers and management, it is common sense to understand that employees have a duty to take reasonable steps to protect their own health and safety and that of other employees and to take action against their superiors where they are clearly placed in unsafe and unhealthy conditions; 
   
   
7. Night work shifts carry with it different employer obligations. Employers who engage employees to perform regular night work must ensure that these employees are informed of the health and safety hazards associated with the work that they would perform prior to them engaging such duty. This provision of the BCEA reiterates the obligation on employers in terms of OHSA and MHSA.
    
   h) What constitutes night shift?, What is the measurement? It is accepted that an employee is a permanent night shift worker if said employee works more than one shift per week (or 50 shifts per year) of which more than one hour falls after 23:00 or before 06:00.

5. Design and evaluation and of shift system
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It is of importance that employers and management appraise their Roster and shift systems preferably before implementation so as to evaluate if said shift system is in compliance with regulations and thus avoid disputes. 

A shift roster should ideally be designed in such a way that it takes into account the impact of these rosters on employees and their families. To evaluate this, we have designed a specific consultation format using both personal meetings with staff and general questionnaires. The onus is on the employer to ensure that the following information is available to its employees regarding the Shift and roster:-

1. The employees should be allowed to participate in a meaningful way and management should, where reasonably and operationally possible, take into account the opinions of their employees on any existing or proposed shift. And this is particularly true of CHRISTMAS PERIOD.
   
   
2. The employees should be allowed to verbalize their preferences for shifts and the employer should make an effort to attempt to accommodate these where operationally possible;
   
   
3. Ranked preferences of employees for different shift systems (this should include factors such as rate of rotation, length of shift, extension of operating time, starting and finishing times of shifts, weekends off, off duty periods);
   
   
4. Aspects of the employee's work that could affect the determination of a suitable shift length;
   
   
5. How an existing or proposed shift schedule affects or might affect the health and safety of employees;
   
   
6. Mmeans, costs and availability of transport to and from the place of residence and the personal security of the employee while commuting,
   
   
7. The childcare needs of the employees.
   
   
8. Coping Strategies -Employers should provide appropriate and up-to-date information to employees about coping strategies, both in the workplace and at home.

The information that will be required will depend on whether an employer is introducing a shift system for the first time or is re-evaluating or redesigning a shift system.

6. For information concerning how shifts should be arranged
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The actual DESIGN OF SHIFT ROSTERS and HEALTH ASSESSMENTS / COUNSELING which all fall within the area of Hours of work, please call Lesley at our offices on 0721768309 or by email to employerhotline@labourjustice.com

7. Management services –Outside of normal hours.
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The onus is on management to provide for its employees appropriate management services especially to those employees working outside of ordinary hours. Depending on the nature of the business, some aspects of management services should be available at all times to nightshift employees.