Today’s correspondent says:
I have a topic I’d be interested in some clarification.
I’m a serving paramedic with NSW Ambos.
It is now common for most paramedics outside of small rural stations, to get no crib breaks during what can often blow out to a 13-to-14-hour shift. Quite often, the supervisor in the control room will force crews to miss their crib breaks by dropping low acuity jobs on them that have been in the queue for 4 or 5 hours, just to get them off the board.
I believe that this turns its back on the responsibility of ambulance to manage the fatigue of its staff. I don’t believe many other jobs with such responsibilities on the crews of driving and treating, etc that would condone this action.
There is little clarification I can add. NSW Ambulance has obligations under both Work Health and Safety laws and industrial laws to manage fatigue and to allow staff to take breaks that are set out in the relevant industrial award.
The NSW Ambulance Paramedics (State) Award 2023 says (at [23(b)]):
Officers working a modified roster of 12 hours or 12 hours and 15 minutes shifts will be entitled to two paid 30 minutes crib breaks to be taken between the fourth and seventh hour and the eighth and eleventh hour unless otherwise agreed between the parties. Officers working shifts of less than 12 hours duration shall have one paid 30 minutes crib break to be taken between the fourth and seventh hour unless otherwise agreed between the parties.
It is however not an absolute right as the award provides for payment in lieu of the break. Clause 23(c) says:
Officers who, due to operational requirements, are unable to take their paid crib break within the prescribed times, or whose crib break is not completed, shall receive an additional payment of one hour at ordinary time rates.
That does not mean NSWAS can simply chose to pay instead of allowing breaks, it has to be for ‘operational requirements’ and I suppose there could be debate whether any particular call is ‘required’ at that time.
The issue is complicated by the fact that NSWAS is a 24-hour emergency service so the time of calls cannot be controlled and there are staffing issues involved. I note that the Australian Paramedics Association (NSW) (a supporter of this blog) is progressing the matter as an industrial issue. On their Facebook page they say (emphasis added):
PA (NSW) is pushing back against NSW Ambulance’s proposed ‘On Duty Relief’ model because the real issue is bigger, staffing levels (PAR) are too low across NSW.
This state-wide shortfall is pushing paramedics to breaking point, with missed crib breaks and constant EOS overtime becoming the norm.
APA (NSW) has lodged a separate application in the Industrial Relations Commission calling for an urgent review and a state-wide increase to PAR.
It’s time to fix the root issue, ensuring every shift is safely staffed so paramedics can do their job and communities aren’t left waiting.
Whilst industrial and work health and safety laws may suggest a break is mandatory they do allow exceptions for operational requirements and where it is not reasonable given the demands on the service. Identifying the law then is not really the issue. Identifying what can be reasonably done is and that is an industrial issue that maybe resolved by the application to the IRC.
Australian Emergency Law 
Even outside of industrial negotiations, SA Ambulance understands its obligations under WH&S to provide breaks to ensure fatigue doesn’t contribute to workplace incidents. After 7 hours, crews are stood down until they access a break. NSW and QLD in particular seem to put the community safety in front of its own employees safety every time, and it’s not on DRABC means ‘danger’ to the clinical before everything else. Not to mention the safety to patients being treated by paramedics who have been working for 13 hours without a break.