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This website represents the views of Hampshire Retained Fire Fighters Union
Working Time Regulations
An infringement of your civil liberties or acceptable legislation to protect your work/life balance? The option to remove the opt out of the Working Time Regulations is currently being discussed in the EU Parliament.
The Working Time Regulations limit an individual to 48 hours work a week, however currently employees can opt out of this restriction and work additional hours. The EU is currently debating the removal of this opt out and making 48 hours the maximum number of hours anyone can work.
This limitation could have major implications across Fire Services who employ RDS as the hours the individuals could be substantially reduced. To compound the issue, we are already receiving evidence of primary employers who are restricting their employees to just their primary employer for work to ensure they offer available hours to them first.
The UK Statistical information service (SIS) in its 2007 report records that there are total of 67,951 personal employed within the UK FRS, 37,596 Wholetime (primary employed) 18,827 RDS and it is this second category which provides 60% of the emergency cover on 1,324 of the total of 2,075 UK Fire Stations. Actual UK landmass covered by the RDS equates to 91%.
It is widely considered by experts that if a Fire Service did not exist and had to be built from scratch, from a blank sheet of paper - it would like very similar to the RDS model.
Given the figures provided above which accurately reflects the immense contribution to emergency response provided by RDS, We see it as vitally important to maintain the opt-out, as without it, the very future of the retained duty system would no longer be viable. Without the significant contribution of the RDS the fabric and function of the UK FRS as we know it would collapse overnight.
Retained Fire Fighters are generally Fire Fighters who have another primary employment but choose to offer themselves for additional work and a supplementary income by becoming RDS fire fighters. They can offer themselves for up to 120 hours a week (non active) availability and are then available at the drop of a hat to RTC's, Fires and any other incident.
RDS in the UK are paid a retainer fee, sick pay when injured on duty, have pensions and paid leave and are also paid when responding to incidents or carrying out training, a minimum of two hours per week In essence they are treated as part-time employees so benefit from the entire UK labour regulatory framework, which of course brings them into the constraints of the regulation.
The local risk profile dictates the way in which a fire station is crewed, the majority of RDS crewed stations are outwith the major conurbations and as RDS staff are not primarily employed by the fire authority they therefore need a primary occupation as their main source of income, many are self employed.
Income is determined by the frequency of emergency calls responded to and range from £5k to £15k per annum. Whilst on calls they lose income from their primary employment, therefore should the opt be removed and they be dismissed, the impact on their combined earnings would be immense.
In rural areas the expectations in terms of wages is such that many out of necessity use the income they receive as firefighters to supplement their income. To withdraw the use of retained firefighters and replace them with career personnel would likely result in a significant increase in local taxes and a reduction in service if the emergency response had to be provided from a more distant location i.e. a full-time ‘super station’ with a large turnout area to cover the stations which no longer exist.
By its very nature the provision of an emergency service within a rural or remote community is viewed as extremely beneficial and cost effective, It should be recognised that the community spirit which exists in rural communities is harnessed for the public good when they become retained firefighters very often small communities who may not have a police station, school, local store or other amenity have high regard for ‘their firefighters’.
No-one is forced to spend their spare time in this way; Where is the evidence that retained firefighters are an ‘oppressed’ workforce and ‘victims’ of the long hours culture?. They join the service by choice only too aware of the manner in which an RDS station functions; families have a longstanding tradition of following in their fathers and grandfathers footsteps when joining the service. Personally, I feel that this is a infringement of my civil liberties - it should be my choice of my work/life balance so long as I can undertake my employed duties safely and healthily - my choice, not some Eurocrat who does not understand my culture or lifestyle.
The risk profile within a given area determines the level of fire cover provision. In areas of deprivation including Housing in multiple occupation (HMO) special risks, the call frequency determines that fire cover be provided by Wholetime Duty System (WDS) personnel usually on a shift system. In areas of a lesser risk and call frequency then RDS crewing is a cost effective flexible means of providing emergency cover proportionate to the risk. Without a shadow of a doubt the 12 month reference period will place huge difficulties on any employee serving in the RDS.
It is important to understand that not all of the ‘on call’ time is spent at the fire station or attending incidents, the majority is in effect waiting time where personnel dispose of their time as would any other citizen, but always mindful that they may be summoned by pager and will respond. Including waiting time as ‘working time’ is a misrepresentation of what a retained firefighter actually does when at his/her primary employment or with the family.
RDS personnel provide a vital and tangible contribution to the safety of the public in the areas they serve. In addition this vital contribution now extends to supporting the framework for civil protection in the United Kingdom as laid down in the Civil Contingencies Act 2004 where in some cases RDS crew New Dimension assets.
Retained firefighters must be allowed the freedom to work the hours they choose using the right of the individual to ‘Opt-Out’ The proposal to include any period of inactiave ‘on-call’ time as working time is absurd and in the context of emergency workers, any legislation that would seek to inhibit the provision of an emergency response to life threatening incidents is not what sound legislation should ever seek to achieve.
Parliament Online Debate
View the Parliament debate on
Working Time Regulations
BBC South
South Today Article on WTR (17 Feb 09)
 
 
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