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The Pharmaceutical Journal
Vol 276 No 7388 p216
18 February 2006


Society summary

 Law and Ethics Bulletin

An occasional feature, prepared in the Royal Pharmaceutical Society’s Professional Standards Directorate, to highlight problems and inquiries currently being handled

Law and Ethics Bulletin, 2001 to present


Making adequate provision for pharmacists to have appropriate rest breaks

Pharmacists' prime concern must be for the safety and well being of patients and the public. Working for extended periods without taking appropriate rest breaks can adversely affect a pharmacist's ability to practise safely and may compromise patient care. Pharmacists, pharmacy owners, superintendent pharmacists and pharmacy managers should therefore ensure that provisions are in place to allow pharmacists to have appropriate rest breaks.

The Code of Ethics supports this requirement by stating that pharmacists should ensure that they do not work in conditions that do not enable them to comply with the key responsibilities of a pharmacist. Similarly, there is a professional requirement for pharmacist owners, superintendent pharmacists and pharmacy managers to ensure that they do not seek to impose conditions on pharmacists that may adversely affect their ability to comply with their professional and legal duties. It is essential to encourage pharmacists to take appropriate breaks, and requiring an employee pharmacist to work for extended periods without adequate provision for rest breaks could constitute a breach of the Code of Ethics.

A pharmacist’s capacity to undertake his or her professional duties safely for specified periods, without a break, will differ between individuals. It will also depend on various factors such as the tasks being undertaken, the complexity of patients’ needs, the level of trained support staff on duty, prescription volume and the level of over-the-counter business. Pharmacists and their employers should give particular consideration to the provision of appropriate rest breaks for pharmacists who work in extended hours pharmacies, provide on call services or travel long distances to their place of work.

When agreeing working hours and breaks to be taken during the working day, employers and employees should take note of the Working Time Regulations 1998. These state that if an employee is required to work for more than six hours at a time, he or she is entitled to a rest break of 20 minutes. The break should be taken during the six-hour period rather than at the beginning or the end, but the exact time at which breaks are taken is left to the discretion of the employer. Employees are also entitled to have a minimum 11 hours rest between working days and cannot be forced to work more than 48 hours a week on average.

While the Working Time Regulations can provide a useful benchmark, more frequent breaks may be required, for example, where high volumes of prescriptions are being dispensed.

Under the Working Time Regulations, employers are responsible for making sure that their employees can take a rest break, but they are not required to make sure that the break is taken; employees can agree to opt out of the working time limits. Employees who agree to work more than 48 hours a week should sign an opt-out agreement, which they can change at any time. Should an incident arise that may be attributable to a pharmacist’s failure to take adequate rest breaks, or a pharmacy owner or superintendent pharmacist’s failure to make provision for adequate rest breaks, the reason for not taking a break may be considered during any subsequent investigation by the Society.

The right to rest breaks does not apply where a job requires round-the-clock staffing, such as in hospitals, and exceptions can be made for emergencies or busy periods. Further information on the Working Time Regulations can be obtained from the Department of Trade and Industry website.

The above principles and guidance also apply to registered pharmacy technicians.

While a pharmacist is taking a break, robust standard operating procedures should be in place to ensure that no activities take place that require the pharmacist’s personal involvement or oversight. All pharmacy support staff should be aware of these procedures and patients should be advised of when the pharmacist is not available and when he or she is due to return.

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