Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, what assessment his Department has made of the adequacy of the implementation of health checks on a regular basis by employers of night workers in the context of the Working Time Regulations; and what guidance his Department holds on the interpretation of what a regular basis constitutes to in carrying out these checks.

The Health and Safety Executive (HSE) is responsible for the Working Time Regulations (WTR) 1998 which place duties on employers in respect of health assessments for night workers. Regulation 7 requires employers to ensure that each night worker employed by them has the opportunity of a free health assessment at regular intervals. It is not mandatory for workers to take up this offer.

There is no prescribed procedure for conducting a health assessment, but as a minimum, employers should construct a screening questionnaire compiled with guidance from a qualified health care professional. HSE online guidance does not define the term “regular basis” but states that “the requirements in Regulation 7 complement the duty in the Management of Health and Safety at Work Regulations 1999 reg.3 to make a suitable and sufficient assessment of the risks to the health and safety of employees.” The frequency of the health assessment should therefore be guided by an assessment of the specific risks to each individual worker. HSE would review health assessments on a case-by-case basis as required.

HSE guidance on shift working supports employers by outlining their legal duties. Where workers are concerned about risks to their health and safety, they can raise this with HSE via its website.

Employers should seek specialist advice from a suitably qualified health care professional, when devising and assessing the results of health assessments. If a worker suffers from health problems that are caused or made worse by night work, the employer should, where possible, transfer the employee to day work.