NHS Employers has developed a model waiver agreement for hospital doctors who wish to opt-out of the 48-hour week in order to tackle swine flu.
It’s anticipated that as winter approaches and swine flu spreads more aggressively, doctors will have to work longer hours to deal with the demand, particularly if colleagues start going off sick.
The representative body is warning employers, however, that they must still ensure that working time regulation rest breaks are adhered to (or compensatory rest offered in lieu).
Furthermore, doctors must not be coerced or put under pressure to sign the opt-out agreement. Nor should they work excessive hours that could compromise the safety of patient care.
A spokesperson for NHS Employers said: “When requesting employees to work additional hours, employers should balance local service needs and patient safety against the wellbeing of the employee.”
NHS Employers added that hospital doctors should listen to any advice issued by their professional bodies and regulators on standards expected of them during the flu pandemic.
Richard Marks, head of policy at Remedy, supports the opt-out. He said: “The ethos within medicine has always been one where doctors have gone the extra mile, so I hope that the direction of travel is towards the opt-out becoming culturally accepted.
“We would, however, like assurances that when junior doctors have to work extra shifts because of rota gaps or other shortages then they are properly paid, and that the WTD is not being used as an opportunity to short-change them.”
A BMA spokesman said there was not currently sufficient pressure on secondary care services to justify juniors opting out, although the situation needed to be monitored.
Read the model waiver.
Rotageek website offers advice on how to incorporate individual opt-outs into rotas.
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