Lone Working Legislation: Is It Illegal to Work Alone at Night?

What is Illegally Working Alone at Night?

Illegally working alone at night pertains to instances where an employer mandates employees to work by themselves during nighttime hours in violation of relevant health and safety laws. It also covers employers failing to implement the safety measures mandated for lone working at night.

Working alone or in an isolated environment is inherently high-risk, and working alone at night may increase lone workers’ exposure to theft, violence, and other threats. With that, it is legal for employees to work alone at night—so long as their employers are complying with their general duties of care. It only becomes unlawful if an employer makes someone work alone at night without following safety laws.

Lone Working at Night Regulations

Policies and regulations regarding working alone at night are generally covered by broader occupational health and safety laws, rather than by specific “lone working at night” legislations. Some region-specific regulations are:

US

In the US, there is no specific federal law stating that it's illegal to work alone at night. However, the Occupational Health and Safety (OSHA) Act of 1970 mandates that all American employers must comply with the health and safety standards stated in the General Duty Clause, which states that employers must ensure that the workplace is safe and doesn’t have any known dangers that could bring harm to their employees. This includes implementing measures that keep workers safe at night.

Another notable regulation is OSHA 1915.84 Working alone, wherein employers are required to check in on all of their lone workers throughout their shift, at intervals appropriate to the task, and at the end of their assignment. These check-ins can be via phone, radio, text message, or through an automated lone worker monitoring system.

UK

Though there’s no specific laws that prohibit lone working at night in the UK, employers must comply with the Health and Safety at Work etc. Act 1974 (HSE), which states that employers must ensure the health, safety, and welfare of all employees at work, including those who work alone and at night. Under this Act, employers must:

• assess risks specific to lone workers;

• provide safe systems of work, like procedures and training; and

• establish systems for monitoring and maintaining regular contact with lone workers.

These duties are reinforced by the Management of Health and Safety at Work Regulations 1999 (MHSWR) by requiring employers to conduct thorough risk assessments that include lone working situations. These include identifying hazards lone workers may face while on the job at night, and providing appropriate training for them.

AU

Similarly, in Australia, there is no law stating that employees cannot work by themselves at night.

However, Safe Work Australia, the national agency that provides guidance on the Model Work Health and Safety (WHS) laws and other workplace safety regulations, provides guidelines on how to ensure a safe and healthy workplace at night across the country.

Another Act worth mentioning is the Work Health and Safety Act 2011, which dictates that a business must ensure:

• that work environments are without risks to health and safety;

• there are safe systems of work;

• information, training, instruction or supervision necessary for safe work are provided; and

• the health of workers and workplace conditions are constantly monitored to prevent illness or injury.

Canada

In Canada, working alone at night is covered by a mix of federal and provincial safety laws. Thus, the regulations covering this can change in scope and implementation, depending on which territory you are working in and what Canadian Centre Occupational Health and Safety (CCOHS) legislation is applicable in that jurisdiction.

In Alberta, the Occupational Health and Safety Code, Part 28 requires employers to assess hazards for lone workers, ensure effective communication systems for check-ins and emergencies, provide training on lone work policies, and regularly monitor lone workers. There are also specific guidelines for nighttime lone workers, especially those working in hospitals, care centers, and the like.

In British Columbia, the Workers Compensation Act and OHS Regulation, Part 4, Sections 4.21–4.23 require regular well-being checks, as well as effective communication systems and incident investigations related to lone workers to lessen workplace violence. Under these, workers in nightclubs and other entertainment venues, in particular, have additional guidelines and regulations for safety.

Risks of Working Alone at Night

Working alone is inherently risky, but when it happens at night, those dangers increase due to low visibility, isolation, and a greater likelihood of criminal activity. Here are some of the common risks faced by lone workers working at night:

• Crime and violence: Face increased encounter to crimes like robbery, assault, and harassment, particularly in industries like retail, gas stations, and security.

• Reduced alertness and fatigue: Suffer reduced alertness as the body produces melatonin during nighttime hours, causing drowsiness, poor judgment, and greater risk of errors or accidents.

• Delayed emergency response: Face slower emergency backups during accidents, as working alone at nighttime means no one is likely nearby to provide help or call for aid quickly and efficiently.

• Health and psychological risks: Experience cold stress from working in poorly heated or freezing environments during night shifts, along with increased stress and anxiety.