Got a Infringement last week, it was brought to my attention yesterday by the office staff. I had done a shift of 09:45 (Start to finish) with a 18 min break, I thought this was ok, the office staff couldnât really tell me anything other than it was a infringement.
Hope fully some of you guys can steer me in the right direction
Started 07:15 - 1 hour P.O.A
08:15 - 12:42 - 4hrs 27mins mixture of other work and driving
12:42 - 13:00- 18mins break (WTD break)
13:00 - 13:07 - 7mins P.O.A
13:07 - 14:53 - 1hrs 46mins - mixture of other work and driving
14:53 - 15:23 - 30mins P.O.A
15:23 - 17:00 - 1hrs 37mins - mixture of other work and driving
17:00 - Finished
During the shift I had done:
03:19 driving time
04:31 other work
01:37 P.O.A
00:18 break
Shift working time (other work and driving time) 07:50, total time 09:45
I was under the impression up to 6 hours I must show a break of no less than 15 mins, which I did at 12:42 (18mins), and must take another break of no less than 15 mins before working 9 hours. I didnât actually work 9 hours, I started at 07:15 ad had a hours P.O.A to 08:15, 9 hours from then would be 17:15, so I would have to have another 15 mins by then, but I finished at 17:00
Any help or info on where I went wrong would be greatly appreciated, It was my first infringement and hopefully the last
In your example, because you went over 6 hours work you were due another 15 minute break at any point between 6 and 9 hours work. Except the end of the shift of course.
Over 6 hours, is 30 minutes, but can be split into 2 15âs but with 2nd 15 taken between the 6th and 9th hour at your leisure.
F-reds:
In your example, because you went over 6 hours work you were due another 15 minute break at any point between 6 and 9 hours work. Except the end of the shift of course.
Over 6 hours, is 30 minutes, but can be split into 2 15âs but with 2nd 15 taken between the 6th and 9th hour at your leisure.
Thanks for the reply, Kind of understood what you said, âExcept the end of your shift of course.â
Does this mean, my daily rest which started at 17:00 couldnât count as a WTD break? I would have to have had a break at 16:40 - 16:55 then other work for 5 mins, then begin daily rest period?
Just a quick question. When you were on POA what were you actually doing ?
I never use POA and if Iâm not doing anything other than sitting around then Iâm on break.
And yes, WTD breaks do not count if theyâre at the end of youâre shift. You must show at least 1 minute of other work or driving after the break for it to count. Same goes for the start of your shift. Breaks must interrupt work time.
Terry T:
Yeah just bang it on break mate, I would in those circumstances.
Well I used to but the company I work for now, would call that âfalsifying recordsâ and if the first hour of P.O.A I had, if I kept it on break, if vosa checked my card they would assume I started at 08:15 not 07:15, is the way Iâm asked to think, 100% legit. My last job, every time the truck stopped it was straight on break lol
On rare occasions I have nothing to do at the start of my shift. One day last week was such a time. When I eventually started work an hour later I did a manual entry for 5 minutes work and 55 minutes break.
If your company have a problem with it then thatâs up to them but I donât know why they would.
Terry T:
On rare occasions I have nothing to do at the start of my shift. One day last week was such a time. When I eventually started work an hour later I did a manual entry for 5 minutes work and 55 minutes break.
If your company have a problem with it then thatâs up to them but I donât know why they would.
No Idea, on itâs not unusual that I can sit up 2-3 hours at the start of the shift, waiting for such and such⊠Today was only 30 mins
F-reds:
In your example, because you went over 6 hours work you were due another 15 minute break at any point between 6 and 9 hours work. Except the end of the shift of course.
Over 6 hours, is 30 minutes, but can be split into 2 15âs but with 2nd 15 taken between the 6th and 9th hour at your leisure.
I maybe wrong and I will stand corrected but 30 minutes is to be taken in or upto the 1st 6 hours and NOT split into 2 x 15 as you say with the 2nd split between the 6 &9 at your leisure
otherwise that defeats the WTD 6 hour rule
The 30 mins can be split BUT it has to be within the 1st 6hours
lolipop:
I maybe wrong and I will stand corrected but 30 minutes is to be taken in or upto the 1st 6 hours and NOT split into 2 x 15 as you say with the 2nd split between the 6 &9 at your leisure
otherwise that defeats the WTD 6 hour rule
The 30 mins can be split BUT it has to be within the 1st 6hours
You are incorrect - who told you that was the correct info?
If you got to 6 hours exactly and did no more work then no breaks are legally required
If you did say 7 hours of work in a shift then you could have a break of 15 mins at 6 hours work time and then another 15 mins at 6 hours and 59 mins work time leaving 1 min of work before ending the shift
