by John d'Arcy
Latest official statistics confirm that the Working Time
Regulations (WTR) have had no impact on construction industry
working hours.
Figures published by the Department of Trade & Industry (DTI)
show that the average site working week in the year 2000 totalled
46.6 hours. The average weekly hours for manual operatives has
remained virtually unchanged over the past 10 years. In 1990, the
official average for the industry was exactly 46 hours.
The high average points to substantial numbers of site operatives
working 60 to 80 hours per week, despite evidence that excessive
overtime leads to reduced productivity.
The WTR, which aimed to encourage a maximum 48-hour week, were
implemented on health and safety grounds. Construction's recent
severely declining safety record is bound to add weight to
arguments in favour of strengthening the regulations.
The law firm Simmons & Simmons states: "The WTR have failed to
break the pattern of long working hours in the UK.
"Overtime is entrenched by custom - the expectation of managers
that it is needed to get work done, and of employees as a boost to
take-home pay. More fundamentally, it is institutionalised by low
basic wages and the changing demands of an ever more competitive
marketplace. This is exacerbated by new work arrangements such as
'lean time' and 'just-in-time' methods."
The lawyers say that enforcement remains a major weakness of the
regulations. They conclude: "Enforcement of the WTR has been
sporadic, especially in non-unionised workplaces where workers
might feel more vulnerable in making a complaint."
The Simmons & Simmons analysis recalls that the government has
the option in 2003 not to renew the individual opt-out to the
Working Time Directive.
The report concludes: "Enforcing a 48-hour week will have major
political, economic, and social consequences, and a balanced
assessment of the advantages and disadvantages is needed."
l The DTI's latest Construction Statistics Annual says construction
operatives last year had average gross weekly earnings of
£369.10. That marked a 5% increase on the previous year. The
figures are, however, based only on PAYE returns. Average weekly
earnings of non-manual construction workers are put at
£539.80, (up 6%), with an average week of 41.6 hours.