S.L. 452.87 Art. 9Length of night work.

(1) Subject to the provisions of subregulation (2), a night worker’s normal hours of work shall not exceed an average of eight hours in any 24-hour period:

Provided that the average number of hours worked each night shall be calculated on the total number of hours worked in a reference period as specified in subregulations (4) and (5): Provided further that if the minimum weekly rest period of twenty-four hours required by regulation 6 falls within the reference period it shall not be included in the calculation of the average.

(2) The employer shall ensure that no night worker whose work involves special hazards or heavy physical or mental strain shall work more than eight hours in any period of twenty-four hours during which night work is performed.

(3) For the purposes of subregulation (2), work involving special hazards or heavy physical or mental strain shall be recognised as such by means of:

(a) a risk assessment carried out by the employer pursuant to article 12 of the Occupational Health and Safety Authority Act; or

(b) appropriate provisions in collective agreements pursuant to regulation 3(4) specifying particular work activities, taking account of the specific effects and hazards of night work.

(4) The reference periods which apply in the case of a night worker shall be defined:

(a) by collective agreements, or

(b) in any other case by any period of seventeen weeks in the course of employment.

(5) Where a worker has been in employment with his employer for less than seventeen weeks, the applicable reference period shall be the period that has elapsed since starting work for the employer.