Do long working hours impact worker safety?

Yes, studies have shown that long or unusual working shifts have a negative impact on worker safety. One study found that visits to the emergency room from workplace injuries increased nearly threefold outside of regular working hours. Between 6am and 4pm, it was fairly constant at 2 per 200,000. However, outside of this normal shift, the rate jumped to over 5 per 200,000 between the hours of 8pm and 3am, peaking at nearly 7 between midnight and 2am. The increase applied to manual, non-manual, and mixed jobs. The study states that this sharp increase was likely due to worker fatigue and less supervision during off hours.

Are there federal laws that cap the number of hours I can work in a day?

Generally, no, there are no federal laws that limit how many hours you can work in a single day. However, some regulations can affect certain industries, like trucking. Some state labor laws may also have maximum hour laws for minors, as well. The federal law that applies to all employees is the Fair Labor Standards Act, or FLSA. This law does not regulate how many hours you can work in a day. It also does not regulate how many days you can work in a row.

Does federal law mandate rest or meal periods?

No, federal employment law does not require employers to provide rest or meal periods to employees. However, many state laws do mandate these rest periods. For example, in California, non-exempt workers are entitled to: an unpaid 30-minute meal break if they work more than 5 hours in a day, and a paid 10-minute rest break for every 4 hours of work, or substantial fraction thereof. Additionally, many employers provide them even when they are not required to do so.

Can OSHA cite an employer for causing worker fatigue?

OSHA can cite employers for ignoring the risks of employer fatigue in the workplace. However, it cannot cite employers simply because their workers are tired. There is no specific OSHA standard or rule concerning extended work shifts. Instead, citations regarding employee fatigue are based on the General Duty Clause of the Occupational Safety and Health Act. This Clause requires employers to furnish a workplace that is free from recognized hazards that are likely to cause injury or death. This means that employers can get cited if they know that their workers are overworked and fatigued, recognize the risks, but do nothing to fix it.11

How many hours can you work in a day according to OSHA?

The Occupational Safety and Health Administration (OSHA) says that a normal work shift is no more than 8 consecutive hours in a day, with each shift split by at least 8 hours of rest. A normal workweek is 5 such US Labor Department’s OSHA cites 50 safety violations, proposes $917,000in fines against Bostik Inc. following Middleton, Mass., explosion,” (September 13, 2011).

About the Author

Neil Shouse

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.

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How many hours can you work in a day according to OSHA?

About the Author

Neil Shouse

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