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.

May 2006