d1e3533-1-1__para__17
Even in cases where the non-active part of ‘stand-by’ qualifies as ‘rest period’, this does not mean that employers have a free hand concerning the duration and timing of ‘stand-by’. Employers must always comply with their obligations under Directive 89/391/EEC to protect the safety of the workers (155). The Court clarified that it follows from Article 5(1) of that directive that employers are obliged to evaluate and prevent all risks to the safety and health of workers. This includes certain psychosocial risks, such as stress or burnout (156). Thus, workers need to be able to withdraw from the working environment for a sufficient number of consecutive hours, so as to permit them to neutralise the effects of work on their safety or health (157). Consequently, employers cannot establish periods of stand-by so long or frequent that they could put at risk workers’ health (158). The Court indicated that Member States are to define detailed arrangements for the application of that obligation (159).
Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.