The regs state that if you work between 6 & 9 hours you need to take breaks totaling at least 30mins. If you work more than 9 hours you need to take breaks totaling at least mins 45.
So if you’re “shift” is over 9 hours, but you’ve “worked” less than 9, do you only need to take 30 mins of breaks?
Example:
Start shift at 9am
15min break at 1pm
15 min break at 5pm
Finish shift at 6:15pm
Shift time = 9.25hrs
Work time = 8.75hrs
Breaks total = 30mins
Is this legal or is a further 15 required as “shift” is over 9 hours?
As said it’s working time that counts not shift time, breaks and POA don’t count towards working time so assuming that you haven’t done 4.5 hours driving what you’ve done is legal.
(2) Where a mobile worker’s working time exceeds six hours but does not exceed nine hours, the worker shall be entitled to a break lasting at least 30 minutes and interrupting that time.
(3) Where a mobile worker’s working time exceeds nine hours, the worker shall be entitled to a break lasting at least 45 minutes and interrupting that period.
(4) Each break may be made up of separate periods of not less than 15 minutes each.