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Winter is coming, which brings shorter days, less sun, a desire to hibernate and a new level of mid-day fatigue. All which can increase the risk of workplace fatigue. Employers need to be aware of the risk of fatigue. As this risk can impact on a worker’s ability to work safely.

Fatigue is a physical and/or mental state caused by over exertion, intense concentration, poor sleep, poor nourishment or lack of stimulation.  It reduces a person’s capability and may impair their strength, speed, alertness, reaction time, coordination, judgement, decision making or balance. Fatigue may also impair a worker’s health over time and cause other health conditions. This could lead to errors, an increase in workplace injuries and incidents and increase absenteeism.

PCBUs have an obligation under the Health and Safety at Work Act 2015 to ensure, so far as is reasonably practicable, the health and safety of workers and others. This requires PCBUs to eliminate risks, including the risks of fatigue, that arise, and if a risk cannot be eliminated, risks must be minimised.

Recognising fatigue

Fatigue is more than being tired, it is about recognising differences in a worker that is uncharacteristic and points towards fatigue. Symptoms include:

• Constantly feeling tired and having little energy
• Inattention, forgetfulness, or difficulty concentrating
• Making a lot of mistakes
• Poor communication or decision-making
• Slowed reflexes and reaction times
• Reduced hand-eye coordination
• Bad moods
• Spatial disorientation
• Slow eye blinks

Eliminating or Mitigating fatigue

To eliminate or mitigate the risk of fatigue affecting workers, an employer can provide and encourage preventative measure such as ensuring:

• Work and workload are adequately planned and allocated, maximising resources.
• Breaks are required and factored into work allocation following the guidelines outlined in the Employment Relations Act 2000.
• Impractical deadlines are avoided.
• Hours of work are monitored by having a maximum number of hours that should be worked.
• Compliance with timesheet requirements.
• Management of environmental stressors such as temperature, noise, and vibration.
• Consulting with workers to identify risk factors and effective control measures.
• Monitoring and limiting shift swapping and on-call duties.
• Identifying and managing workers that at high risk of fatigue, such as workers with long commutes, shift workers or workers that experience high levels of stress while at work.

Workers also have a responsibility under the Health and Safety at Work Act 2015 to take reasonable care of their own health and safety. Workers should:

• Turn up in a state fit for work, having done everything possible to get a good sleep and rest.
• Avoid drugs and excessive alcohol consumption.
• Inform supervisors if a task is beyond their capabilities.
• Recognise signs of fatigue in themselves.
• Report any medical issues or medication that could affect fitness for work, in particular, that could increase the risk of fatigue.

Managing fatigue

Where a worker has been identified as potentially experiencing fatigue, an employer should carry out a fitness for work assessment. This should identify if a worker is safe to continue working, whether alternative duties should be worked or other measures need to be implemented, or whether the worker should go home.

Message to employers

If you require assistance to improve your workplace approach to fatigue, we can provide a Fatigue Policy as a starting place for compliance, which includes information about maximum shift lengths, average weekly hours, work-related travel, procedures for reporting fatigue risks, and procedures for managing fatigued workers.

We could also provide tailored training for your workplace on identifying and managing fatigue in the workplace.

Disclaimer: We remind you that while this article provides commentary on employment law, health and safety and immigration topics, it should not be used as a substitute for legal or professional advice for specific situations. Please seek legal advice from your lawyer for any questions specific to your workplace