Updated work/rest rules for railway operating employees
Backgrounder
The science on fatigue has evolved considerably since the Work/Rest Rules for Railway Operating Employees were first put into place in 2002.
Transport Canada introduced the requirement for fatigue management plans to the Work/Rest Rules for Railway Operating Employees in 2011.
The table below provides a summary of updates to the rules which have been made to better target the issue of railway operator fatigue since 2011.
Summary of improvements to the Duty/Rest Rules for Railway Operating Employees:
Issue |
2011 Work/Rest Rules for Railway Operating Employees |
2020 Updated Duty/Rest Rules for Railway Operating Employees |
---|---|---|
Length of duty period |
Up to 16 hours per duty period |
12-hour limit |
Total work hours |
No weekly, monthly or annual limits |
60 hours in a 7-day period; |
Rest periods |
6 hours at home |
12 hours at home |
Deadheading |
Lack of clarity between time spent commuting versus deadheading |
Commuting time vs. deadheading defined |
Time away from work |
No allowance |
32 hours every 7 days with |
Fatigue Management Plans |
Minimal requirements |
Set of extensive, prescriptive requirements related to specific elements of the new rules and grounded in fatigue science. |
Next steps
Under the new rules, railway companies will need to complete their Fatigue Management Plans within 12 months and implement the Fitness for Duty provisions within 24 months. In consideration of the significant changes required under these rules, the requirements regarding the length of work and rest periods will take effect in 30 months from today for freight railways, and in 48 months from today for passenger railways, to ensure implementation
Transport Canada's oversight
Transport Canada's role is to monitor railway companies for compliance with rules, regulations, and standards made under the Railway Safety Act. The department will monitor compliance with the new rules through the inspection of hours worked by a sample of employees and in response to any complaints made that the rules are not being followed.
If non-compliance or a safety concern is found, Transport Canada takes appropriate enforcement action based on the severity of the safety issue and can involve one or more of several compliance and enforcement tools, including Letters of Non-Compliance, Notices, Notices and Orders, Administrative Monetary Penalties and Prosecution.
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