Air traffic controllers are prohibited from undertaking their duties if they know or suspect that they are suffering from or, are likely to suffer from, fatigue as may endanger the safety of any aircraft. CAA have informed HSE that they view the CAP as secondary legislation (similar to an HSC ACoP) and that CAA will not grant approval or a certificate unless operators’ schemes are compliant with the CAP'
Are you fatigued?
- No.
Then carry on working.
Are you fatigued?
-Yes.
Then you have broken the law.
No one should ever say they are fatigued while in position but must be forward thinking enough to state that in X minutes they suspect they will be fatigued and require a break. It would appear to be good sense for that time to coincide with SRATCOH maximum in order to not have to try and explain this Catch22 in a court room.
i certainly don’t fancy being the first to try.