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HIGHLIGHTS OF THE RULES ON
HOURS OF SERVICE IN THE RAIL SECTOR
New rules governing maximum hours of work for rail employees were put in
place April 1, 2003. They provide, for the first time, a comprehensive and
enforceable regime on fatigue management for rail operating employees at 28
federally regulated railways.
The new rules generally set a maximum of 12 hours for a single shift. They
also allow an employee to work more than one shift per day, up to a maximum of
18 hours in total. This is subject to certain conditions. For example, the 18
hours cannot be worked continuously, and a rest break must be taken prior to
commencing a second shift.
In addition to daily limits, the rules include a weekly cap of 64 hours.
The rules also:
- require that general fatigue management plans be filed with Transport
Canada, as well as specific plans in those exceptional cases when the 64-hour
weekly limit will be exceeded, and in emergency situations;
- include railway employees who were not covered under the old rule, namely
yard employees and railway management employees who perform operational
duties, such as driving locomotives or performing switching operations;
- prevent improper practices such as "ticket-splitting, " which occurs
when employees place themselves off duty and then immediately back on duty
while en route, expressly for the purpose of circumventing the maximum daily
on-duty time provisions;
- require that employees being asked to work a second shift be involved in
the decision making process, since they are best able to assess their own
condition;
- define important terms like "fit for duty, " "tour of duty, "
and "emergency conditions, " to ensure that rules are interpreted and
applied consistently; and
- include hours of rest provisions for employees to be given
periods of undisturbed rest prior to being called back to duty. This would
require at least eight hours of undisturbed rest at their home terminal, or at
least six hours of undisturbed rest when away from their home terminal.
The Railway Association of Canada and its member companies developed these
rules in consultation with railway union representatives, as required under the Railway
Safety Act. The rules were then reviewed and approved by the Minister of
Transport.
Transport Canada closely monitors industry compliance with these rules and
makes appropriate adjustments based on new research or emerging safety issues.
For further details about the rules, a copy of the Work/Rest Rules for
Rail Operating Employees, and the accompanying circular Recommended
Procedures and Practices for Application of Work/Rest Rules can be obtained
from Transport Canada.
January
2004
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