Occupational Health & Safety and Working Time in Civil Aviation

Explains the regulatory requirements

Introduction

The Civil Aviation (Working Time) Regulations 2004 came into force in April 2004. The Regulations implemented into UK legislation the requirements of European Council Directive 200/79/EC, commonly known as the ‘Aviation Directive’. The Regulations contain two core elements, one dealing with working time requirements and the other occupational health and safety (OH&S) rights and entitlements.

These socially derived regulations place a statutory duty on the CAA to undertake an enforcement role that is traditionally the preserve of the Health and Safety Executive (HSE), Health and Safety Executive Northern Ireland (HSENI) and local authorities.  However, as the principal regulator of the aviation industry, the Government deemed that CAA was best placed to give effect to the Regulations.  The legislation applies to public transport aircraft operations.

It is important to note that where there is the potential for conflict of interest between the requirements of the UK Civil Aviation (Working Time) Regulations 2004 and the UK Air Navigation Order 2005 (flight safety), those relating to flight safety will take precedence.