European Working Time Directive and Operative exposure Mr MS Baguneid Treasurer Association of...
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Transcript of European Working Time Directive and Operative exposure Mr MS Baguneid Treasurer Association of...
European Working Time Directive and Operative exposure
Mr MS Baguneid
TreasurerAssociation of Surgeons in Training
“Changes”New Deal
Unfinished business
Modernising Medical Careers
Seamless training
CCT / “Generalists”
Independent sector treatment centres
Reconfiguration of the SAS grade
Entry into specialist register
PublicExpectations
GovernmentManifesto
EWTD
PMETB
EWTD
Nov 1993 Component of EU health and safety legislation (Directive 93/104/EC)
Oct 1998 Enacted into UK law (Doctors in training excluded)
Aug 2000 Doctors in training included (Directive 2000/34/EC)
April 2002 19 Pilot projects funded by DOH
Rest Periods
11 hours' continuous rest in every 24-hour period
Minimum 20-minute break when shift exceeds 6hrs
Minimum 24-hour rest in every 7 days or Minimum 48-hour rest in every 14 days
Minimum 4 weeks' annual leave
Maximum 8 hours' work in 24 for night workers
SiMap (Oct 2000)
Doctors who are resident on-call at the hospital are deemed to be working, even if they are sleeping.
Non-resident: “work begins when disturbed from rest and ends when resumed”
The problem is huge!
Aug 2004 (58 hrs)
213,000 hrs/week lost
Equivalent to 3700 Juniors (compliant)
Aug 2009 (48 hrs)
208,296 - 476,638 hrs/week lost
Equivalent to 4,300 - 9,900 Juniors
“Inquiry into the European Working Time Directive (EWTD) -
evidence from the BMA". Feb 2004
JAEGER Ruling (Sept 2003)
The Jaeger ruling on compensatory rest means that a rest period must be taken immediately after the period of work which generated it
Various strategies
1) Reducing inappropriate duties and enhancing support for appropriate ones
2) Diverting workload geographically3) Delegation of doctors workload to others?4) Generating and allocating additional
resources5) Changing working patterns6) Development of Night teams7) Expansion of numbers
Enhancing training1) Separation of service/ training2) Wet labs and skills workstations3) Virtual Reality models4) Fresh Cadaveric work / Use of animal models5) Recognition of trainers who train (Silver Scalpel
Award)6) Competence based assessment7) Use of ISTC for training (Role needs to be
clarified)8) Training lists (Cases to be tailored)
Survey (Countess of Chester)
Operative time (Trainer vs Trainee)
Inguinal hernia 45%
Varicose vein surgery 29%
Lap Cholecystecomy 38%
Carotid endarterectomy 28%
Working patterns“One size does not fit all!”Current on-call rotas are mostly non-compliant
Non-resident on-call not feasible for manyTrusts not keen to pay for “being available”Large regions make travelling difficult“Off site residence” is a legal “fudge”
Shifts are largely inevitableFull shift requires 8 – 10 middle grades ( + needs
at least 10 consultants?)
Shift work - downside
Lack of continuityLoss of operative exposure 30-50%Edinburgh SpR survey:
Over 50% considered < 72hours/ week inadequate 90% prefer to work longer week (even 90hrs)
Full shift + 48hrs = Daytime activities reduced by 79%*29.5hrs/week to 6.15hrs/week*
The European Working Time Directive – interim report and guidance from The Royal College of Surgeons of
England Working Party. Jan 2003
Operations by Trainees 1.3.2002 – 28.2.2003
Total Number of Operations = 87824Total Number of Trainees = 456
70
47
83 82
5458
35
27
0
10
20
30
40
50
60
70
80
90
1-50 51-100 101-150 151-200 201-250 251-300 301-350 351-400
Number ofTrainees
Number of Operations (in bands of 50)
Impact on training
1993 30,000 hours
2004 8000 hours
Near future 6000 hours
Genius
Improvement in quality of training
Reduced standards
US stand:
The American College of Surgeons published an official statement of its views on resident work hours (Public health law: < 80 hours/ week!)
“It is illogical to make specific time-work recommendations without considering the effect on education”
“lack of familiarity with a patient, not fatigue, is the major cause of errors of judgement”
RCSEng stand:
“very concerned that the time frame of the European Working Time Directive, as applied to doctors in training, may compromise safety of
surgical care and the training of surgeons”
Brussels/ UK Gov Stand:
Trusts which do not comply by August 2004 could be fined for non-compliance.
Fines of up to £5,000 per breach could be levied, as well as imprisonment.