A company has been fined in the first prosecution specifically related to a failure to manage fatigue among workers, says lawyer Simon Tingle.

As we adjust to the ‘new normal’ of life in a pandemic, it is clear that the efforts of many workers to keep the country safe and moving have been extraordinary. However, delivering these services under pressure for such a prolonged period has given rise to increased demands on workers to work longer, unusual or unsocial hours. Safety regulators have warned that during the crisis, the welfare of employees and, in particular, their fatigue, must be carefully managed by employers.

The importance of managing worker fatigue has recently been highlighted by the first successful prosecution by the Office of Rail and Road in relation to a specific failure to manage worker fatigue.

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