Kenny Guihen Q&A

Kenny Guihen, Highways England

  1. If an individual/employee chooses not to get sufficient rest and comes to work fatigued, who is responsible if an accident occurs?
    (Disclaimer: I’m not a solicitor and cannot claim my answers would hold up in court). Without trying to sound vague, I think this would depend on the specific circumstances. However, the HSE provides some guidance on this here. Essentially they advise “the legal duty is on employers to manage risks from fatigue, irrespective of any individual’s willingness to work the extra hours.”
  2. Have the two Interim Advice Notes (IANs) already been removed and no longer have standing, or will they be removed in the future?The two IANs are not currently withdrawn. They should be followed, whilst recognising that the HSE fatigue tool is not an absolute requirement. The IANs will be withdrawn very shortly.
  3. Delays in work, leading to pressure from the client to reopen the road, negatively affects the Roadmarking industry, as last on site to complete work. Has this been taking into account in the fatigue working group?
    This has been raised at many forums, not just in relation to the roadmarking but other similar industries too. It may be that some schemes will look at other options, such as additional briefings/inductions for those not starting work until later in the shift.
  4. Will Highways England offer guidance in fatigue risk management?
    There are numerous sources for fatigue risk management available that are based on detailed research. These are available for free online from HSE, Energy Institute etc. It is not currently our plan to produce guidance for fatigue risk management although this may change in future. It is felt currently that with the resources available online and the guidance produced by each specific group/association should be more than sufficient, more detailed and specific to the work undertaken in each area than any summary guidance we could produce.
  5. Is there a correlation between mental health and fatigue?
    There are definite links between fatigue and mental health. While it is difficult to quantify the specific links, this is referenced in much of the guidance online.
  6. Having inductions at the start of shift, when roadmarkers will not start work for hours, affects the door-to-door hours. Are inductions likely to change in the future?
    The number of inductions that take place on any particular site are not set by Highways England. If any contractor wishes to implement a second induction for those starting later in the shift, they should discuss it with their specific Highways England project manager. If sufficient evidence can be provided to show the benefits of doing this, then it should be possible to at least trial it on a small number of schemes.


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