Working Towards Compliance: Facts You Need to Know

Following a recent Health Service Journal (HSJ) article, Skills for Health - Workforce Projects Team is pleased to clarify and outline a number of key points that should be considered whilst working towards European Working Time Directive (EWTD) compliance by August 2009.

• The legal obligation for EWTD implementation is on trusts
• Trusts have to be comfortable in the way they assess their compliance and the methodology they use. Trusts need to ensure their rotas are sustainable and not theoretical. Trusts should be checking EWTD through their preferred software, checking the EWTD analysis as well as banding supplements


• EWTD law states that measurement and monitoring for doctors in training should be over a 26 week reference period and trusts need to take reasonable steps to ensure their staff are compliant over this period of time


• It is generally accepted throughout the NHS that continuous measuring and monitoring over 26 weeks is not an achievable or sustainable method of assessing compliance. Therefore, snapshot data utilising the Doctors Rostering System or Zircadian (commercial organisation) software is used, and both measure EWTD compliance


• Trusts are only required to report centrally on the New Deal for the Ministerial Return. This monitors biannually the requirements of the New Deal contract in terms of hours and banding and not EWTD compliance


• The New Deal Ministerial Return was never designed to estimate compliance. The New Deal banding data provided by trusts is used as a proxy for EWTD planning purposes rather than evidence of compliance. The Department of Health (DH) and NHS Employers accept this as a reasonable approach. The differences between the New Deal and Working Time requirements are set out on the DH website www.dh.gov.uk


• Loss of service hours and increased costs does not necessarily follow from EWTD implementation. EWTD has meant reconfiguration, service redesign, and the development of new roles which can lead to cost savings, improved efficiency, team working and a better journey for patients with improved patient care and treatment. See the report The Case for Hospital at Night: The Search for Evidence


• Guidance and support is provided by the Skills for Health - Workforce Projects Team who have been leading on EWTD since 2005. The team originally was known as NHS National Workforce Projects. They integrated with Skills for Health in April this year. The remit of this expert team supports all NHS organisations in finding solutions to compliance. Over 27 different pilots have run throughout the UK and provide best practice solutions and learning for all


• Further EWTD information can be accessed at www.healthcareworkforce.nhs.uk. The healthcare workforce portal shares best practice, with case studies to highlight positive solutions to EWTD


• Compliance needs to be achieved by August 2009.

Workforce Projects Team is contactable on 0161 266 2130. We are very happy to advise and offer guidance.