Up to 28 per cent of hospital rotas risk missing August’s deadline for complying with the European working time directive, strategic health authorities are predicting.
And with 51 working days until the directive kicks in, five trusts in London are reporting compliance rates of less than 60 per cent.
After 1 August, trusts in which trainee doctors work more than 48 hours a week risk being prosecuted or fined.
Department of Health national European working time directive clinical adviser Wendy Reid said: “It’s clear there’s no political support for doctors to work excessive hours. A sector-wide opt-out is going to be impossible.”
She added that much of the £150m allocated to helping trusts meet the directive had been spent on other areas.
Figures showing the proportion of rotas given a red, amber, yellow or green compliance rating in each region were revealed at a conference held last Friday by the Skills for Health workforce projects team.
In the North West, nearly all rotas were rated green, meaning they are compliant. But in the NHS North East region only 45 per cent of rotas were green and 8 per cent were red, meaning a derogation is likely to be needed.
Around a quarter were yellow, meaning plans are in place to achieve compliance, and 20 per cent were amber, meaning plans for compliance are challenging and depend on recruitment.
NHS East Midlands has also rated 8 per cent of rotas as red.
The figures are for March, but HSJ has been told these are close to the most recent April data.
April figures for London show 78 per cent of rotas already comply, and this is expected to rise to 84 per cent in May and 100 per cent by August. But for cardio-thoracic surgery in London the figure is 31 per cent.
NHS London is working closely with five trusts recording overall compliance rates of less than 60 per cent.
London Deanery director Elisabeth Paice said a “significant proportion” of trusts are relying on recruiting extra doctors to become compliant.
A DH spokesman said all trusts were expected to be compliant by 1 August. SHAs must tell the DH which services require derogation by 29 May.
What is the European working time directive?
- The European working time directive will limit the hours of trainee doctors to 48 hours a week from 1 August, averaged out over 26 weeks.
- In exceptional circumstances the European Commission may allow the deadline to be extended by up to two, and exceptionally three, years.
- The government has written to the commission to seek a derogation for an extra four hours per week for doctors in training working in hospital services delivering 24-hour immediate care.
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