D. Notification of regular use of night workers
The original proposal (360) required employers to systematically inform the health and safety authorities of the regular use of night workers, in the light of the adverse effects of night work on health (361). The final text limits the requirement to inform the competent authorities to cases where the authorities request this. This means that while Member States may still require employers to inform the authorities of the regular use of night workers as part of systematic declarations, the Directive does not impose this obligation. It requires only that the competent authorities decide on the situations in which the authorities must be informed. This duty to inform the authorities applies to employers who ‘regularly’ use night workers. The exact scope of the term ‘regularly’ is not defined by the Directive, nor has it been the subject of Court proceedings. It is the Commission's views that provisions of national law imposing a general obligation on employers to communicate information on their workers, working time and work organisation could correspond to this requirement.
Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.