A few years ago I quit the job with CSG because they expected me to run bent to get a job done as an extra one afternoon after having already done a nine hour shift. I said no, they threatened the sack if I refused so I told them to [zb] off and consider me on a weeks notice and I will take any holiday owing now so bye, bye.
The job in question was to drive an eight legger to Hull from the yard at Buckminster to collect intercepter waste (Silt, mud, water, etc) from a car wash that had a problem with the intercepter being blocked and full up. This means that the silted water from car washes would flow over into the city drainage system for no other reason than they had not had it cleaned out at the proper time.
CSG argued that it was a special case as it it was not emptied they would have to shut the car wash. My response was it was their fault for not having it cleaned regularly and they should shut up shop until it was cleaned out, then re-open for business because it was only a car wash and not a special case, safety critical business or environmental hazard if they stopped washing cars until sorted.
CSG did,nt see it that way so we parted company. What would you have done in this situation?
I would not have walked out but got them to sack me and would have had a field day in the Industrial Tribunal if I could prove the following:
A few years ago I quit the job with CSG because they expected me to run bent to get a job done as an extra one afternoon after having already done a nine hour shift
i have been doing allot of thinking as to why i was ghoing over my hours, and today and yesterday i have been writing down what i have been doing, so i im now keeping a closer check on things as i do want to stay in the law. i think what made me go over my six hours was this. i had got to my destination, and my six hours was not up, but very close to being up, and what i have done is i have carried on unloading the trailer, and my tacho is obviously now on crossed hammers, in stead i should of had my break and then unloaded the trailer. so i wasnt actually driving over the six hours i was just working over it. i think, if that makes senseâŚ
Donât unload the trailer whilst on break and at the very least donât admit to it on a public forum . If you have an accident and your tacho is on break you are in the â â â â . Itâs known that vosa will ask sites what the drivers have to do at a tip . If the site says the driver unloads the goods and vosa stop you on the way out and you are showing that you have been on break then âŚ
If your struggling to calculate your hours then get a tach track timer thing .
northernirishinlpool:
connor, we all have to learn,
i went over it twice by a few minutes, hardly woth taking my licence over,
im glad you are all so perfect.
and mark i dont have it on break all the time, if that was the case i would not of had an infridgementâŚ
OH MY GOD. I canât believe you. YES YOU WOULD HAVE AN INFRINGEMENT if you left it on rest all the time. Youâd be infringing the rules by not showing the correct mode when doing other work.
woodnights:
i do not use this forum much, And the more i read these posts i am now more than glad i dont. irish is obviously a new driver. give the guy a break connor.
No. THe rules are there. Complying to the drivers hours rules is as important as being able to drive.
can i just double check that one[ if connor doesnt get me taken off the road for being incompedent,
if i say have a 25 min break instead of 15 [ always one for a natter me]
my next break only needs to be 20 mins not the 30 ive been taking
[/quote]
Correct. As long as it is at least 15 minutes then the entire time of the rest period counts towards your 45 minute.
HOWEVER, youâre probably better off sticking to it as you are as the 30 minute break youâve been taking would count as the 30 minutes per 6hrs work you have to take under the WTD.
Conor:
HOWEVER, youâre probably better off sticking to it as you are as the 30 minute break youâve been taking would count as the 30 minutes per 6hrs work you have to take under the WTD.
You donât have to take 30 minutes per six hours work under the WTD. Within, or at the end of, the first six hours of work you just need 15 minutes break. When the second 15 minutes is taken depends on the number of hours you will work that day. If you will be working up to 9 hours then the second 15 minutes needs to be taken sometime between the 6 hours and the end of the shift. If you are working more than 9 hours the second 15 minute break doesnât need to be taken until, at the latest, the end of the 12th hour. If you are working up to 12 hours then you need 2 x 15 or 1 x 30 before the end of your shift, in addition to the 15 you took for the first 6 hours. If you are working more than 12 hours then you only need to take a 15 minute break before you exceed 6 hours work, a second 15 minute break before you exceed 12 hours work and you would then need a third 15 minute break before the end of you shift.
The working time directive only says that a mobile worker shall not work more than 6 hours without a break, it doesnât say more than 6 hours without a 30 minute break. The minimum break that is recognised is 15 minutes, so that is all you have to take before you exceed 6 hours work.
The confusion arises where people are not reading the regulations properly and are taking the bit that states if you work between 6 and 9 hours you are entitled to 30 minutes of break, to mean that you must take 30 minutes before exceeding 6 hours. That is clearly not the case, you only have to have had 30 minutes of break in 9 hours of work, either in 2 x 15 minutes or 1 x 30 minutes, and not to go more than 6 hours without a break.
4 hours other work + 2 hours driving triggers a break (30 minutes in this case) under Working Time Regulations. Another 3 hours work (9 hours in total) and another 15 minute break is needed under working time regulations. Total breaks = 45 minutes
Perhaps the âlawâ is subject to interpretation?
Darren:
it has to be in 15 min clumps to count for break.
Not true, it has to be at least 15 minutes to count toward a break, anything over 15 minutes counts for whatever it is. For example a 17 minute break would count as just that, leaving you just needing to take a 28 minute break to make the required 45 minutes. Mind you if you took 2 x 17 minute breaks your third one would still need to be 15 minutes, as just taking 11 to make the three breaks add up to 45 minutes would be wrong.
how does that work then you can take 17 + 28 = 45 agree but should it not be 15+30 or 15+15+15 minuim 30 not 28
4 hours other work + 2 hours driving triggers a break (30 minutes in this case) under Working Time Regulations. Another 3 hours work (9 hours in total) and another 15 minute break is needed under working time regulations. Total breaks = 45 minutes
Perhaps the âlawâ is subject to interpretation?
Mark
The DfT admitted recently that they had made a mistake in there interpretation of the WTD break requirements and were going to correct it, there is a post somewhere on here about it.
teddy_0781:
how does that work then you can take 17 + 28 = 45 agree but should it not be 15+30 or 15+15+15 minuim 30 not 28
Why should it be? There is no difference between 17 = 28 and 15 + 30 as far as the regs go. They both add up to 45 minutes and the minimum is always at least 15 minutes.
Any combination of two or three periods that adds up to at least 45 minutes counts, well at least until next year. The only requirement is that the minimum break must be 15 minutes, whatever the break is in excess of 15 minutes counts for the duration it is. So 17 + 28 is fine, as is 16 + 29, 23 + 22, 26 +19 etc, etc. It is a popular misconception that it has to be in 15 or 30 minute blocks.
teddy_0781:
how does that work then you can take 17 + 28 = 45 agree but should it not be 15+30 or 15+15+15 minuim 30 not 28
Why should it be? There is no difference between 17 = 28 and 15 + 30 as far as the regs go. They both add up to 45 minutes and the minimum is always at least 15 minutes.
Any combination of two or three periods that adds up to at least 45 minutes counts, well at least until next year. The only requirement is that the minimum break must be 15 minutes, whatever the break is in excess of 15 minutes counts for the duration it is. So 17 + 28 is fine, as is 16 + 29, 23 + 22, 26 +19 etc, etc. It is a popular misconception that it has to be in 15 or 30 minute blocks.
kind of agree with u there but in all fairness i suppose it is easy to take it this way for every one rather than thinking did i take 17 or 18 mins the last time i stoped
teddy_0781:
kind of agree with u there but in all fairness i suppose it is easy to take it this way for every one rather than thinking did i take 17 or 18 mins the last time i stoped
Peoples lack of memory or counting ability doesnât make the misconception re 15 minute blocks correct.
interlog:
I would be grateful if you could point me to that post
Thanks
Mark
Actually, the more I think about it it wasnât on here it was something In Commercial Motor magazine, which was also mentioned in another post on here that was arguing whether you need 15 or 30 minutes.
The WTD regs state this regarding breaks.
Mobile workers should not work more than 6 consecutive hours without taking a break.
If working hours total between 6 and 9 hours a day, breaks totalling at least 30 minutes in total are required.
Where working hours total more than 9 hours a day, breaks totalling a minimum of 45 minutes must be taken overall.
Breaks should be of at least 15 minutes duration.
Number 1 states mobile workers should not work more than 6 consecutive hours without taking a break, but it doesnât define the length of break required
Number 2 states, If working hours total between 6 and 9 hours a day, breaks totalling at least 30 minutes in total are required. The important word there is totalling which is clarified by point number 4, Breaks should be of at least 15 minutes duration. So that 30 minutes required by point 2 can be 2 x 15 minutes and as there is no duration defined for the break required in point 1 then it just has to be the minimum period as defined by point 4, 15 minutes.
You work less than 6 hrs - you donât need a break
As soon as you have done 6 hrs, you will need a break. This break has to be 30 minutes as you will be working hours total between 6 and 9 hours a day, breaks totalling at least 30 minutes in total are required, e.g you will be working between 6 and 9 hrs.
As soon as you have worked 9 hrs, you will need to take an additional break of 15 minutes.
I suppose it is down to the interpretation of the law.
I said no, they threatened the sack if I refused so I told them to [zb] off and consider me on a weeks notice and I will take any holiday owing now so bye, bye. 
