NHS faces deadline on working hours

As doctors' leaders issue a fresh warning on the impact of new working time rules, the Scottish health minister has said more needs to be done to prepare for their implementation.

The European Union's working times directive will be extended to doctors-in-training from August 1.

That leaves just days before hospitals will be required to ensure that junior doctors work a maximum of 58 hours a week.

With some parts of the NHS believed to be struggling to cope with the new rules, the British Medical Association warned that it could back legal action by any medic required to work longer than 58 hours.

Hospitals could be fined up to £5,000 for each breach and can also be taken to employment tribunals by junior doctors.

But in Edinburgh, Malcolm Chisholm said the Scottish NHS had been making extensive preparations for the rules.

"Meeting the requirements of working times regulations is an integral part of modernising and improving healthcare and working conditions for healthcare staff in Scotland," he said.

"NHS Scotland continues to work towards full compliance and this is being achieved by developing new and creative solutions to make best use of all NHS staff resources.

"The use of mixed skill teams, widening roles for all healthcare staff, telemedicine as well as addressing the working hours and shift patterns of staff are assisting NHS Boards to achieve compliance."

Readiness

The minister added that he had asked NHS boards to assess their state of readiness for the deadline.

"I expect a high level of compliance will be indicated across the country by then," he added.

"NHS Scotland has strived to achieve compliance and a high rate will be testament to the hard work and dedication of staff. That is not to say that more does not need to be done."

Meanwhile, the BMA said that doctors should not be asked to exceed the new rules.

"This is health and safety legislation - it's being introduced to protect patients as well as doctors, and hospitals need to take it seriously," said Simon Eccles, chairman of the BMA's junior doctors committee.

"Where the directive is flouted, the BMA will provide doctors with information, advice and, where appropriate, legal support."

The Liberal Democrats warned ministers that threats of legal action "should come as no surprise".

"Despite the warnings the NHS is still struggling to find enough doctors to fill all the gaps," said health spokesman Paul Burstow.

"Successful court actions, at £5,000 a pop, will simply be more money out of NHS coffers leaving even less to treat patients."