Is Andrew on holiday? He certainly always seemed well read on the details of
EWTD.
> > 1 Will it apply to "seniors" as well as to
> > "juniors"?
>
> Yes it will! But there might be a delay on full
> implementation for juniors!
It already applies to seniors, just not enforced.
> >
> > 2 Will it apply to "working" i.e. on-call from
> > home, or just to resident
> > work?
>
> All work. Including on call. There may be a clause
> where teaching time is not included. So you are paid
> for learning/teaching, but not classed as work!
I though non resident on call didn't count. Looking at the stuff from the
JDC, they seem to be suggesting a low intensity on call from home with
equivalent time back for interruptions of the 11 hour uninterrupted rest
period (rather than 11 hours back for any interruption no matter how brief).
> On-call at home and not being called in... doesn't. The later
> follows an EU
> ruling on some Spanish doctors.... I think.
Called 'SiMAP'. No idea what that stands for. As you say, resident counted
as 'work', non resident didn't. The definition of 'work' is: 'Working time
shall mean any period during which the worker is working, at the employer's
disposal and carrying out his or her activity or duties, in accordance with
national laws and/or practice'
The judgement was:
1. 'The characteristic features of working time are present in the case of
time spent on call by doctors ....where their presence at the health centre
is required. It is not disputed that during periods of duty on call under
those rules, the first two conditions are fulfilled. Moreover, even if the
activity actually performed varies according to the circumstances, the fact
that such doctors are obliged to be present and available at the workplace
with a view to providing their professional services means that they are
carrying out their duties in that instance'
2. 'Time spent on call by doctors... must be regarded in its entirety as
working time....if they are required to be present at the health centre. If
they must merely be contactable at all times when on call, only time linked
to the actual provision of ... services must be regarded as working time'
Most A and E departments are probably pretty much compliant with regard to
juniors (view based on no evidence, knowledge or information, so please feel
free to flame).
> > 5 Will it apply to locums, and how can they be
> > "policed"?
>
> Yes I think so! How to police - no idea!
I though not- same as private practice isn't included in the 48 hour rule.
> >
> > 6 How will it affect GPs who provide 24-hour
> > cover?
>
> What GP's providing 24 hour cover!? There won't be any
> by then!
GPs are self employed. I think it applies only to employees. Should affect
salaried GPs, though. As you say, if the new GP contract is accepted, GPs
only cover 10 1/2 hours Monday to Friday.
Matt Dunn
Warwick
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