No. H067/02For release - June 19, 2002
OTTAWA — Transport Minister David Collenette today announced that he has given approval to new rules governing hours of service and fatigue management for rail workers.
"Transport Canada is committed to working with its partners in the rail community to enhance the safety of rail transportation," said Mr. Collenette. "These new rules will provide, for the first time, a comprehensive and enforceable regime on fatigue management in the rail sector."
In accordance with the Railway Safety Act, the Railway Association of Canada (RAC), on behalf of its member railway companies, developed proposed new rules to address issues of fatigue in the rail industry in Canada. The RAC filed these new rules for the Minister's consideration in October 2001. The new, more comprehensive rules will replace an existing rule governing employee rest and an Order on hours of work.
The RAC and its member companies developed these rules in consultation with railway union representatives, as required under the Act. Transport Canada reviewed the rules and held consultations on their contents with industry and fatigue management experts. In addition, the department sought input from other interested parties by, among other things, holding a formal session to identify issues and provide clarification. After this extensive review, Mr. Collenette conditionally accepted the new rules, which become effective on April 1, 2003.
The Minister retains the right to require changes to the new rules prior to their implementation date should new information on fatigue in the rail industry indicate the need for such changes.
A backgrounder on the new rules for rail operating employees' hours of service and fatigue management is attached.
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Contact:
Christina Van LoonCommunications, Ottawa(613) 993-0055
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BACKGROUNDER
HIGHLIGHTS OF THE RULES ON HOURS OF SERVICEAND FATIGUE MANAGEMENT FOR CERTAIN RAIL WORKERS
The new rules provide, for the first time, a comprehensive and enforceable regime on fatigue management in the rail sector. Currently, the only limitations govern hours of rest (which applies to 16 federally-regulated railways), and maximum hours of work for rail operating employees (which applies to two federally regulated railway companies - VIA and Canadian National). The new rules now combine hours of work and rest, and will apply to 28 federally regulated railways.
The new rules generally set a maximum of 12 hours for a single shift. The rules 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. Previously, these limitations only applied to two railway companies (VIA and Canadian National).
In addition to daily limits, the new rules include a weekly cap of 64 hours. Previously, no explicit weekly cap existed.
The new rules also:
require that general fatigue management plans be filed, 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," (shift) 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.
For further details about the new rules, a copy of the new 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.
The Minister retains the right to require changes to the new rules before they come into effect, should any new information on fatigue in the rail sector indicate the need for such changes.
Transport Canada will begin enforcement of the new rules on April 1, 2003. The department will closely monitor industry compliance with the rules and will make appropriate adjustments based on new research or emerging safety issues.
Since the new rules were filed by the RAC on behalf of its member railways, those other federally regulated railways that are not members of the RAC will be ordered to file similar rules covering their respective operations.
June 2002
