STRATEGY OVERVIEW
We will achieve solutions through:
- Promoting awareness of the impact of fatigue on human performance,
and striving to reduce the effects of fatigue in all CPR operations.
- A work environment that allows for the effective implementation of
fatigue counter measures.
- A combination of Corporate and Individual responsibility and
empowerment to manage fatigue.
Roles & Responsibilities
Role of the Labour/Management Leadership:
Lead the development, implementation, monitoring and
sustainability of the fatigue management plan. Provide decision-making and
coaching for the overall process. Ensure the ongoing focus and support of
their organizations and assist in the resolve of any problem areas in the
establishment, maintenance and monitoring of the process.
Role of the General Chairs & General
Managers:
To ensure that the fatigue management plan satisfies
Employee, Company, Regulatory and Union concerns as well as deals with unique
territorial conditions.
Role of Industrial Relations:
Support the fatigue management plan, working closely
with Management and Labour to facilitate agreements or processes as required.
Provide insight as to labour related issues at CPR and/or on other railways as
applicable.
Role of Safety and Regulatory Affairs:
Working in conjunction with Union Legislative
Departments, provide input and insight as to the regulatory and safety impacts
or potential impacts affecting the fatigue management plan. Ensure that
appropriate safety management systems risk assessments are conducted on major
operational changes that may affect employee fatigue. Also in conjunction with
Union Legislative Departments, discuss related issues with outside third
parties (i.e. regulator) as appropriate.
Role of Front Line Managers & Union
Representatives:
Support the rollout, sustainability and compliance with
the fatigue management plan and offer recommendations for improvement to the
Plan.
Role of Employees:
To manage their rest within the time frames provided by
the Work/Rest Rules in a way that will enable them to report for duty in a
rested condition.
Role of the CPR Field Operations/Transportation
Department:
To provide operating employees with the most accurate
lineups and information possible, in order that they can manage their rest in
a way that will enable them to report for duty in a rested condition. To
actively track the accuracy of train lineups and information on an ongoing
basis and take corrective action as needed. In addition, the department will
continue to manage crews in a manner consistent with the collective
agreement(s).
Application
The Work/Rest Rules for Operating Employees are
intended to cover those employees physically involved in the operation or
switching of trains, engines and equipment in any class of service.
Employee classifications that fall within the scope of
these rules at CPR are:
·
Locomotive Engineer
·
Conductor
·
Commuter Rail Service Employees
·
Brakeman
·
Yard Foreman
·
Yard Helper
·
Yard Service Employee
·
Yard Service Helper
·
Switchtender
In addition to the foregoing, any person who performs
the duties of an operating employee is deemed to be an operating employee
while they are performing those duties, such as, Company Officers, contractors
or third parties.
Section 1 – Employee Work Scheduling Practices
Employee Work Scheduling practices must support
the following objectives:
·
employees commencing duty have had and utilized the
opportunity to report for duty rested and alert;,
·
alertness can be sustained throughout the on-duty
period;
·
employees are permitted to meet their personal need;
such as the need to ensure that an employee’s current standard of living
is maintained and their earnings potential is protected through the
regulation of maximum monthly mileages;
·
the railway is permitted to meet its’ service
objectives.
The Company and the Council have a variety of
scheduling and work/rest practices currently available to them that support
fatigue management objectives.
Some of these practices are already in use and others
will be reviewed to determine if they can be implemented in appropriate areas
in order to meet the Goals of this Plan.
These include, but aren’t limited to, assigned and
unassigned service with regular rest days and/or leave of absences; rest
provisions at the home and away from home terminal; time pools, and bid packs.
These options may be implemented based on the number of employees required,
and the territory operated over, traffic density, patterns and operating
times.
Other scientifically based scheduling options for
reducing fatigue that meet the goals of this Plan and the objectives of
employee work scheduling practices may be established subject to review and
approval by the Company and the Council.
Additionally operating employees who work more than one
tour of duty in any 24 hour period are afforded the opportunity to be involved
in a decision to accept a subsequent tour of duty, based on their fitness at
the time, in accordance with collective agreement provisions in force.
Section 2 - Education and Training
Awareness, through education and training, is the
foundation of an effective and successful Fatigue Management program. Fatigue
Management, like safety, must be a way of life.
Prior to implementation of any fatigue management
program, the Company and the Council will jointly develop and deliver employer
paid fatigue management training to all affected running trades employees and
encourage family participation whenever and wherever possible. Employee
participation will be mandatory.
The parties will jointly develop and deliver
appropriate training to supervisors and employees responsible for crew
management where fatigue management programs have been deployed. Supervisor
and responsible employee participation will be mandatory.
The parties will jointly develop and deliver employer
paid education/training components for any countermeasure implemented in the
future.
The parties will jointly develop and deliver employer
paid fatigue management training for new recruits.
Fatigue management information will be made accessible
to all employees through both paper and electronic media.
Incorporate the education, training and awareness
component of fatigue management into the Safety Framework process in order to
provide ongoing auditing and communication.
Section 3 – Job Alertness Strategies
It is recognized that fatigue management strategies can
be utilized to improve job alertness
Implement a napping policy for crews based on but not
restricted to the following points:
Opportunity
Nap (Initial Terminal)
·
To minimize fatigue of employees in road
service, if the train is delayed and there are no other duties to perform upon
reporting for duty, an employee may take an opportunity nap.
Opportunity
Nap (En route)
·
To minimize fatigue of employees in unassigned or work
train service, providing that there are no other duties to perform, an
employee may take an opportunity nap.
Demand
Nap
·
Upon request, employees in time pools will be provided
an opportunity to one nap when projected to run into times of the day when
employees experience circadian dips.
·
Employee and RTC are required to work together
tominimize train delay and ensure the balance of the operations are not
adversely impacted.
·
Demand naps may be included as part of other formal
work scheduling practices.
In all cases, napping periods will not exceed a defined
duration.
The Company and the Council will research and evaluate
other alertness countermeasures with the intention of implementing if and when
deemed appropriate. They will also review local operating practices that may
have an impact on alertness.
The Company and the Council recognize and agree that a
napping policy is a countermeasure to address issues of fatigue. Pursuant to
Circular No. 14, napping facilities in terminals are intended to allow
operating employees to rest as they wait for trains or prior to driving home
at the end of a trip. Employees in assigned service who are working regularly
assigned tours of duty are not normally considered to be in this
classification of employees, however the parties also recognize that there are
individual circumstances that may play a part in an employee’s need to
utilize an opportunity to nap. Such circumstances, for example, include an
employee doubling in yard service or a spare board employee being called for
spare turns in different classes of service or varying shifts. The parties
agree that napping policies developed and implemented will be primarily
intended for road service.
Section 4 - Rest Environment
The key to restorative sleep is the quality of the rest
environment as well as the opportunity use the rest environment.
REST HOUSES
CPR currently has a rigorous process in place, in
conjunction with committees mandated by collective agreement, to evaluate and
improve rest facilities in order to bring them up to standards consistent with
scientifically developed fatigue management principles; such as, but not
limited to, soundproofing, blackout curtains, white noise generators, etc.
These facilities will continue to be assessed and, where necessary, improved
based upon those scientific standards. Separate standards are being
established for renovations to current rest houses, construction of new rest
houses, and for third party facilities. These standards are subject to federal
and provincial building codes, other applicable regulations as well as
collective agreement provisions and will be modified as deemed necessary and
as agreed upon by the Company and the Council.
Local bunkhouse committees will be given the
opportunity to provide recommendations to the Company and the Council
concerning the priority of changes and improvements pertaining to rest
facilities.
NAPPING FACILITIES
To enable employees covered by this fatigue management
plan to take advantage of opportunities to nap, napping facilities will be
provided where deemed appropriate by the Company and the Council. The napping
facility will be close to booking-in rooms and will be suitably equipped to
enable employees to nap undisturbed.
HOME REST ENVIRONMENT
As part of the training and education program,
information will be provided to employees concerning optimizing their home
rest environment.
Section 5 - Work Environment
Work environment factors may have an adverse impact on
employee fatigue. This Plan is intended to minimize the adverse impact of
those factors. Some of those factors include, but aren’t limited to, noise,
lighting, temperature, vibration andergonomic design.
The Company and the Council agree that newly
constructed road locomotives purchased in the future will be equipped with air
conditioning and will meet other standards consistent with scientifically
developed fatigue management principles in regard to noise, lighting,
vibration and ergonomic design. They will also be equipped with locomotive cab
audio systems. These locomotives will be used in leader service whenever in a
lead locomotive consist.
The Company and the Council will review current cab
standards, to determine how those standards relate to factors that may have an
adverse impact on employee fatigue. The standards will be adjusted to ensure
that they properly address those factors in order to minimize the adverse
impact of those factors. The parties will identify locomotives conforming to
the standards set. Every effort will be made to have all locomotives used by
crews conform to the standards set.
Section 6 – Working Under Unusual Operating
Conditions
Recognize the importance of managing fatigue during
emergencies, service interruptions and other unusual operating conditions.
Notwithstanding that this section on unusual operating
conditions applies in circumstances where crews may work over 12 hours, rest
provisions in the applicable collective agreement remain in effect.
Employees involved in unusual operating conditions who
may exceed 12 hours on duty will be removed from their train at the first
available opportunity.
Local union and management officers will identify areas
where providing relief may pose problems and will agree upon methods for
dealing with those problems.
Other crews who may be affected by an emergency
situation will be notified by the use of Voice Response Unit (VRU) or other
such similar means of the existence of the emergency in order that they may
properly plan to be rested for the upcoming work event.
Crews involved in unusual operating conditions will be
advised of the circumstances in order to enable napping during downtime.
In certain circumstances, locomotives may be removed
from the train to expedite movement to a change off location when handling the
train would otherwise significantly delay transit time of the operating
employee to the change off location.
A systematic process to shut down and start up work
schedules interrupted by an emergency will be jointly developed.
Section 7 – Unique Deadheading Circumstances
According to the rule and circular detailing the intent
of the rule, at the present time, CPR does not have extended hour passenger
operations that would require onboard facilities to accommodate deadheading
operating crews. Therefore, this item does not apply to CPR. Should such
operations be put into place in the future, this issue will be addressed at
that time.
Section 8 - Ongoing Monitoring & Review of
Fatigue Countermeasure Program.
The long-term success of Fatigue Management Programs
depends upon ongoing measurement and review.
The ongoing effectiveness of the Fatigue Management
Program will be measured and monitored by the Company and the Council. Jointly
developed and agreed upon methods for measurement and monitoring the
effectiveness may include but are not limited to the following:
-
Use of scientifically validated questionnaires (pre and post
implementation of fatigue countermeasures), the Stanford Sleepiness Scale
as an example.
-
Use of wrist activity monitors.
-
Use of logbooks to track sleep/wake/work patterns.
-
Use of fatigue modeling software
-
Use of scheduling software
The Company and the Council will meet regularly to
review the Plan as well as evaluate new studies and practices relating to
managing fatigue.
The Company and the Council will establish a
measurement system to monitor success. These measures may include level of
employees participating in work scheduling, percentage of employees completed
training and ongoing planned work for rest houses.
If it is suspected that fatigue may be a contributing
factor in an occurrence, investigations into such occurrences will focus on
establishing a connection between any unsafe act or decision which may have
lead to the accident and the fatigue state of the employees involved. The
primary purpose of this focus will be to ensure that if the fatigue state of
the employees involved is a contributing factor in the occurrence that the
Plan in place at that location is reviewed to ensure that it is meeting the
objectives and goals as set out in this General Plan and in the Rules.
CIRCULAR
NO. 14
RECOMMENDED
PROCEDURES AND PRACTICES FOR
APPLICATION
OF WORK/REST RULES
June
18, 2002
- PURPOSE OF THE
CIRCULAR
- STATEMENT OF
PRINCIPLES
- SCOPE
- DEFINITIONS
- MINIMUM
REQUIREMENTS
- MAXIMUM ON-DUTY
TIME IN A 24 HOUR PERIOD
- RESETTING THE 24
HOUR CLOCK
- EMERGENCIES
- MANDATORY OFF DUTY
TIMES
- DEADHEADING
- FATIGUE MANAGEMENT
PLANS
- EDUCATION AND
TRAINING
- EMPLOYEE AND TRAIN
SCHEDULING PRACTICES
- UNUSUAL OPERATING
CONDITIONS
- ALERTNESS
STRATEGIES – NAPPING
- REST ENVIRONMENT
- WORK ENVIRONMENT
1.
Purpose of the Circular
The
purpose of this circular is to provide guidance in the interpretation of the
Work/Rest Rules and to provide recommended practices and procedures for
implementation of the Rules.
2.
Statement of Principles
The
Work/Rest Rules are intended to provide for a flexible approach that allows
stakeholders to take advantage of new developments in research and technology.
They facilitate the implementation of applicable policies and procedures on
railways that deal with different operating conditions, infrastructure and
labor contracts.
These
rules are intended to both protect off-duty time for Operating employees and
to facilitate the proper scheduling of those employees.
Labour
and management have joint responsibilities for establishing, maintaining and
monitoring working conditions that allow Operating employees adequate rest
between tours of duty and to help sustain alertness throughout the on-duty
period.
Operating
employees have a responsibility to manage their rest within the time frames
provided by the Work/Rest Rules and to do so in a way tat will enable them to
report for duty in a rested condition.
3.
Scope
The
Work/Rest Rules apply to railways, Operating employees and to any other
persons performing such duties on federally regulated railways.
The
Work/Rest Rules can also apply to Operating employees’ of provincially
regulated railways (such as shortlines) if,
a)
the Province has entered into a Memorandum of Understanding (MOU) with
the federal Minister of Transport Under a MOU the Province arranges for
Transport Canada to oversee the regulatory affairs of the provincial railways
or,
b)
the Province requires a provincial railway to comply with certain
federal railway legislation as a condition of its license or authority to
operate. The Work/Rest Rules apply to Operating employees of American
railroads operating in Canada. For U.S. based crews operating in Canada all
time on duty in the previous 24 hours will be counted under the Work/Rest
rules. Canadian railway crews operating in the United States of America must
comply with the U.S. Hours of Service Law.
4.
Definitions
The
term “Operating employee”, is defined in the Work/Rest Rules. Employees
who commonly fall in this category include Locomotive Engineers, Conductors,
Trainmen, Yardmen and LCS Operators1 Job descriptions and titles vary from railway to railway and may be
changed over time. The Work/Rest rules are intended to cover those employees
physically involved in the operation or switching of trains, engines and
equipment. Each railway company will keep a current list of positions that
fall within the scope of these rules.
Any
person who performs the duties of an Operating employee is deemed to be an
Operating employee while they are performing those duties. For example,
officers, supervisors, contractors and third parties must comply with the
Work/Rest Rules if they perform the duties of an “Operating employee”.
The
Work/Rest rules apply to Operating employees in any class of service. This
includes passenger, commuter and freight operations in yard, terminal and road
service.
The
Work/Rest rules are not intended to apply to supervisors or employees
performing mechanical or engineering functions.
The
term “Emergency” means a situation where injury or harm has been
sustained, or could reasonably be sustained to employees, passengers, the
public or the environment, The term Emergency’ is not intended to cover
common operating problems. An Emergency” is a situation involving a
casualty or unavoidable accident, an Act of God or where a there has been a
delay which is as a result of a cause not known to the railway at the time
employees leave a terminal and which could not be foreseen. Common operating
problems that are inherent in railway operations that would not normally
constitute an “emergency” include, but are not limited to the following:
a)
crew shortages,
b)
broken draw bars,
c)
locomotive malfunctions,
d)
equipment failure,
e)
broken rails,
f)
hot boxes,
g)
switching,
h)
doubling hills
i)
meeting trains
j)
train length
As
an example, the need to clear the main track or separate a train at a
highway/rail grade crossing, in itself, does not justify exceeding the
prescribed hours. However, this situation could become an emergency if an
ambulance was blocked at the crossing.
Even-where
an extraordinary event or combination of events occurs which, would be
sufficient to permit excess service, the railway must exercise due diligence
to avoid or limit such excess service. The burden of proof rests with the
railway to establish that excess service could not have been avoided.
Truly
unusual circumstances such as severe storms, major earthquakes, washouts,
derailments or incidents involving severe injury are conditions where the term
“emergency” as contained in the Rule would apply. This application would
then only apply to a train that has already left a terminal.
5.
Minimum Requirements
Operating
employees in road, yard or passenger service are permitted to work for a
maximum of 12 continuous hours during a single tour of duty.
Operating
employees in work train service are permitted to work for a maximum of 16
continuous hours during a single tour of duty, provided there is a fatigue
management plan to cover the extended hours.
Where
an Operating employee works more than one tour of duty, the maximum number of
on duty hours in a 24-hour period is regulated, depending on the class of
service performed.
Operating
employees working more than one tour of duty in road, passenger or work train
service may work up to IS hours in a 24-hour period. It is not intended that
going off and on duty en route (ticket splitting) or any similar practice, be
used to create two separate tours of duty in order to circumvent the maximum
duty hours of the Rule.
In
yard service, Operating employees are permitted to work up to 16 hours in any
24- hour period. The shorter maximum hours for yard service ensures sufficient
time for Operating employees to take rest before they are required to report
for their next regularly scheduled yard assignment The intent of the rule for
yard service is to provide the flexibility to meet occasional operational
demands of a yard- while still protecting sufficient time to rest. It was not
intended to create regular 16-hour yard shifts, nor was it intended to change
current practices, which allow an Operating employee horn time to time to
“double” in yard service,
5(a)
Question:
I
am a yard-person and I just finished an 8-hour yard shift. Can I work a road
assignment?
Answer:
Yes,
you would be able to work the rood assignment. The Work/Rest Rules provide for
a maximum of 18 hours in a 24-hour period for road service. In this case the
yard shift would account for 8 hours leaving a maximum of 10
more hours on your 24 hour clock
5(b)
Question:
I
just finished a road assignment after working 7 hours. Can I accept a call for
a yard job?
Answer:
You
could accept the call for a yard job. The Work/Rest Rules provide for a
maximum of 16 hours in a 24-hour period for yard service. The road service
would account for 7 hours leaving 9 more available hours. The Work/Rest Rules
provide that the class of service being worked (yard in this case) governs the
maximum hours available to the Operating employee.
5(c)
Question:
/ worked
a day yard assignment from 0800-1600 (8 hours) and was then called to go on
duty in road service (e.g. a through freight) for 1800. Can I accept the road
assignment?
Answer:
The
Work/Rest Rules would permit you to accept the road assignment. The day yard
assignment would account for 8 hours leaving a maximum of 10 hours remaining
on your 24-hour clock The two hours between the end of your day yard shift
(1600) and the commencement of the road tour of duty (at 1800) would not be
included. However because the time between the two tours of duty is less than
3 hours as per 5.2 2 of the Rule, the two tours would be combined and
Mandatory Off Duty lime would apply when you finish the second tour.
5(d)
Question:
I
worked in rood service to an away from home terminal where I went off duty for
6 hours. I then worked in road service back to my home terminal for a total of
9 hours.
Can
I work another road or yard assignment?
Answer:
The
Work/Rest Rules would permit you to work another road or yard assignment.
Because you were off duty for 6 hours your 24-hour clock has been reset to
zero. You are permitted to work a maximum of 18 hours in a 24-hour period in
road service and 16 hours in a 24-hour period in yard service. This would mean
you could work another 9 hours in road service or you could take a yard shift
and work 7 hours.
5(e)
Question:
If
I work 9 hours to the away from home terminal can I show off and on duty and
return home?
Answer:
The
Work/Rest Rules would not prevent you from doing this and you could work a
maximum of 9 hours under this scenario. However, you should consider your
state of fatigue and the conditions associated with the return trip before
deciding to go directly off and on duty. For example ~f the return trip was in
day light trip and you felt rested going “on and off duty” may nor be an
issue. You should consider whether taking 30 to 45 minutes free from the
controls of the train and having a meal, snack or coffee would help on-duo’
alertness for the return trip.
5(f)
Question:
Can
I show off and on duty en route and work for 18 hours?
Answer:
No.
This constitutes “Ticket Splitting”.
“Ticket
Splitting” occurs when employees place themselves off duty and immediately
back on duty, while enroute expressly for the purpose of circumventing the
maximum on duty time provisions contained in sections 5.1.1(a), (b), (c), (d)
of the rule. Such a practice is not allowed.
5(g)
Question:
I
worked a .9 hour and 45 minute tour of duty in road service to an away from
home terminal. Am I on Mandatory Off Duty? What if I had worked 10 hours and 5
minutes to the away from home terminal?
Answer:
Any
time you work a single tour of duty over 10 hours, you would be required to take mandatory rest. In the first
example of a 9 hour and 45 minute tour of duty you be would not be on
Mandatory Off Duly as you were on duty less than 10 hours. In the second case
you would be on Mandatory Off Duty because you were on duty for more than JO
hours. At the away from home terminal your mandatory off duty time would be 6
hours exclusive of call time Your Mandatory Off Duty time would be calculated
from the “arrival time at the rest facility.”
5(h)
Question:
If
I get called to deadhead in the middle of my mandatory off duty time off duty
at the away from home terminal can I be put on duty on a train en route?
Answer:
No,
you are on Mandatory Off Duty Time.
5(i)
Question:
Can
my Mandatory Off Duty rest be interrupted to deadhead home and who makes the
determination?
Answer:
Yes
rest can be interrupted to deadhead home. Normally the choice is made by the
employee, but. a reasonable interruption by the company would be situations
such as a derailment, major snow storm that the employee was not aware of when
required to make the choice?
5(1)
Question:
I
started Mandatory Rest at 1300 at my home terminal. What is the earliest time
that I may be called?
Answer:
The
Work/Rest Rules. provide 8 hours off duty exclusive of call time, which means
8
hours
undisturbed rest Your call time could not be before 2100.
5(k)
Question:
I
worked a 0700 yard assignment which included .2 hours of overtime, completing
work at 1700, then was called to work a 2300 yard assignment. Can I accept
this call?.
Answer:
The
Work/Rest Rules would permit you to accept the 2300 yard assignment. The
Work/Rest Rules provide that 6 hours continuous time off duty is required to
reset the clock to zero for purposes of calculating maximum available hours
remaining bi a
24hour period As you have had 6 hours off duty between 1700 rind ~QQ, you
would have satisfied this requirement
5(l)
Question:
I
worked a 0700 yard assignment which included .3 hours of overtime, completing
work at 1800, then was called to work a 2400 yard assignment. Can I accept
this call?
Answer:
The
Work/Rest Rules would not permit you to accept the 2400 yard assignment. The
Work/Rest Rules provide that employees who go off duty at their home terminal
after being on-duty in excess of 10 hours will be subject to at least 8 hours
off duty exclusive of call time. As you have had 6 hours off duty between 1800
and 2400, you would have nor have satisfied this requirement.
5(m)
Question:
In
the aforementioned example my regular assignment is to work the 0700 and 2400
yard assignments. Can I work the 2400 shift?
Answer:
The
Work/Rest Rules would permit you to accept the 2400 yard assignment, The
Work/Rest Rules provide that yard service employees returning to their regular
shift who go off duty after being on-duty in excess of 10 hours will be
subject to at least 6 hours off duty. exclusive of call time, where
applicable. As you have had 6 hours off duty between 1800 and 2400, and are
returning to your regular assignment, you would have satisfied this
requirement.
5(n)
Question:
Will
time paid for performing preparatory duties prior to the starting time of a
shift or for performing duties upon completion of a shift be used in the
calculation of duty times for purposes of the Work/Rest Rules?
Answer:
The
Work/Rest Rules were established in consideration of the industry standard for
s.h412 start and completion times to allow for continuity of interpretation
throughout the industry and therefore did not take into account specific
duties that may be required by individual railways.
6.
Maximum On-duty Time In a Z4Hour Period
The
maximum on-duty time for Operating employees is eighteen hours (16 hours in
Yard Service) in any 24-hour period. This rule should not be confused with the
“continuous” service rule outlined, which limits the maximum continuous on
duty time for Operating employees working a single tour of duty. The 18-hour
rule applies when more than one tour of duty is worked in a 24-hour period.
In
order to avoid “off and on” situations, which for all practical purposes
would have Operating Employees working 18 continuous hours time in road
service, Operating employees shall have the opportunity to take a break
between service. It is recommended that a minimum break of 30 to 45 minutes be
taken. The break should be such that the Operating employee~ are completely
relieved of responsibility and off the train at a location, which allows for a
meal or coffee. In passenger service, this could include taking a break ante
train in a service car.
A
supporting fatigue management plan must be in place for any employee working
more than 12 continuous hours. This includes employees working in yard, work
train service or in emergency situations.
7.
Resetting the 24 Hour Clock
Six
consecutive hours off duty is required to reset the 24-hour clock under the
Work/Rest rules.
8.
Emergencies
The
definition of emergency is contained in the Work/Rest rules. The common thread
in all definitions of emergency is that they are:
a)
Sudden and
b)
Unforeseen.
Management’s
first responsibility in an emergency is the safety and security of employees
arid the public. Operating employees involved in an emergency situation
contemplated byte Work/Rest rules must be informed of the nature of the
emergency situation and the, plan to manage through that situation. The
fatigue condition of Operating employees must be considered in the plan.
Management must take all reasonable steps to minimize the time involved in the
emergency. The railway must establish that excess emergency service could not
have been avoided. The railways have a duty to report such emergency
situations to Transport Canada as soon as possible but not later than 48
hours. Copies of the report shall also be provided to the national offices of
the relevant union organizations.
9.
Mandatory off Duty Times
For
mandatory rest to apply, time on duty time must be in excess of 10 hours. When
Operating employees go off duty after being on-duty in excess of 10 hours they
become subject to at least 8 hours mandatory rest (exclusive of call time) at
their home terminal and at least 6 hours mandatory rest (exclusive of call
time) at the away-from-home terminal.
At
the away-from-home terminal rest shall be calculated from the “arrival” at
a railway provided rest facility. In smaller centers where the rest facilities
are near the railway station the “arrival” time will be much sooner than
in a large center where the rest facilities involve lengthy trips from the
train location to the rest facility. The intent of the Work/Rest rules is to
allow Operating Employees undisturbed time off duty. Such time off is intended
to be used for personal needs such as sleep and meals. At the away from home
terminal it is recommended that at least 4.5 –5 hours be used for sleep.
Transportation
to the rest facility should be expedited and time waiting for accommodations
should be minimized.
At
the home terminal rest shall be calculated from the point where the Operating
Employee goes off duty.
10.
Deadheading
Deadheading
is the authorized transportation of operating employees from one location to
another. Deadheading at the commencement of a tour of duty or from an
intermediate point is to be included in the total on-duty time for the purpose
of the Work/Rest rules unless governed by circumstances outlined in Section
6.2.2 of the rules.
Mandatory
off-duty time may be interrupted am the away-from-home terminal for the
purpose of deadheading to a home terminal. in such circumstances, upon arrival
at the home terminal the employee will be considered to require mandatory rest
and the mandatory off duty times in section 5.2.1 of the Work/Rest rules
apply.
10(a)
Question:
What
circumstances that might cause the Company to interrupt my mandatory rest?
Answer:
For
example, in situations where road or line closures have or are likely to occur
the Company may deadhead me home to avoid extended stays a: the away from home
terminal This would be a legitimate reason to interrupt mandatory rest.
11.
Fatigue Management Plans
Fatigue
management is more than rules and regulations. Fatigue management plans
outline the strategies, tactics and actions that will be used by a railway to
reduce Operating Employee fatigue. Plans may vary by railway, but they will
share similar components, which include, education and training, employee and
train scheduling practices, emergency response requirements, alertness
strategies, rest environment and work environment Fatigue management plans are
not necessarily lengthy or complicated documents. One would not expect a small
railway operation (in terms of track, employees, traffic etc.) to have the
same type of plan as a larger railway.
Fatigue
management plans, and changes to such plans, will be developed and implemented
in cooperation with the National Legislative Director of each Union or their
delegate.
“Specific”
fatigue management plans are those plans developed pursuant to Rule 6.2.3 and
are required to be filed with the Department. It is not intended by the word
“specific” tat a multitude of plans will be flied. For example, it would
be permissible to file one plan dealing with Work Trains that would address
fatigue management in that class of service.
It
would not be necessary to file a separate plan for each individual work train
unless the fatigue related conditions associated with the individual work
train were not addressed in the filed plan.
“Specific
work trains would then be bulletined or called in accordance with the terms of
the filed plan.”
11(a)
Question:
Since
the rule allows operating employees on work train to operate up to 16 hours
and since work train service regularly requires work cycles (5/2 or 10/4)
which exceed the 64 hours on-duty in 7 day period, is a specific fatigue
management plan still required for work train service?
Answer
Yes
a plan is still required. The plan should set out the unique conditions of
work train assignments that help mitigate fatigue issues associated the
d4fferenx work cycles and extended hours on duty. However it should be noted
that, once developed, this generic fatigue management plan would cover any
work train assignment with similar working conditions and a separate plan
would not be required for every work train assignment.
Education
and Training
Awareness,
through education and training, is the foundation of an effective and
successful fatigue management program. Operating Employees, their families,
Unions and management need to understand and adopt strategies to manage
fatigue in the railway.
11(b)
Question:
Whose
responsibility is it to develop and deliver the training contemplated by this
rule?
Answer:
Training
will be jointly developed and delivered by the Company and the Unions.
Employee
and Train Scheduling Practices
Scheduling
practices must support the following objectives:
a)
Operating Employees commencing duty have had the opportunity to be
rested and alert,
b)
Alertness can be sustained throughout the duty period.
Schedules
should balance, to the extent possible, employee personal needs and railway
operating requirements. Railways should explore and implement scheduling
practices that consider circadian rhythms and manage those points in time when
circadian rhythms are most likely to cause an employee to be sleepy.
Scheduling consideration should be given to accommodating those times when an
Operating employee can obtain the maximum recuperative sleep opportunity.
Unusual
Operating Conditions
An
example of such a condition is an emergency situation. Because emergencies are
not predicable and circumstances may vary, a fatigue management plan should
outline the importance of managing fatigue during emergencies and service
interruptions. The Work/Rest rules require a supporting fatigue management
plan to be in place for any time when an Operating Employee works more than 12
continuous hours. The plan should establish criteria and provide
implementation procedures for managing rest during short and long-term
emergencies. It should outline systematic processes to shut down and start up
work schedules interrupted by the emergency.
11(c)
Question:
Who
will develop such a plan?
Answer:
The
Company and the Unions.
Alertness
Strategic. – Napping
In
formulating a fatigue management plan consideration should be given to napping
policies and guidelines as well as to terminal napping facilities.
Opportunities on the road to provide napping in sidings, is an effective
fatigue counter measure. Napping facilities (such as comfortable chairs in
terminal) allow Operating Employees to rest as they wait for trains or prior
to driving home at the end of a trip.
11(d)
Question:
Who
will develop the ‘napping policies’ if indeed they are to be developed?
Answer:
The
Company and the Unions.
Rest
Environment
The
key to restorative sleep is the quality of the rest environment. The fatigue
management plan should develop criterion and tools for evaluating and
upgrading facilities to provide the best possible opportunities for rest This
criterion should consider the use of soundproofing, blackout curtains, white
noise generators, etc.
Work
Environment
A
fatigue management plan should outline methods of minimizing the adverse
impact of work environment factors on employee fatigue The effects of
lighting, temperature, vibrations, noise etc., should he reviewed and
addressed. The use of locomotive cab audio systems is one example of possible
fatigue countermeasures.
Unique
Deadheading Circumstances
It
is recognized that passenger operations may be equipped to provide on-board
facilities to accommodate deadhead operating crews. In applying this
provision, other rest/alertness factors must be considered such as circadian
rhythms, territory, and time of day.
APPENDIX
“A”
RAILWAY
COMPANIES PARTY TO THE WORK/REST RULES FOR RAIL OPERATING EMPLOYEES
- Agence Métropolitaine
de Transport
- Algoma Central
Railway
- Arnaud Railway
- Burlington
Northern (Manitoba) Ltd.
- Canadian National
Railways
- Canadian Pacific
Railway
- Chermin de fer de
Ia Matapédia et du Golfe
- Devco Railway
- CSX Transportation
- ECORAIL Inc.
- Ferroequus Railway
Company Limited
- Great Canadian
Railtour Co. Ltd.
- Norfolk Southern
- National Railroad
Passenger Corporation
- Ontario Northland
Transportation Commission
- Ottawa Central
Railway
- Quebec North Shore
and Labrador Railway Company
- RailLink Canada
Limited
- St. L.awrence and
Atlantic
- Sault Ste. Marie
Bridge Company
- The Essex Terminal
Railway Company
- The Greater
Toronto Transit Authority
- The Toronto
Terminals Railway Company Limited
- VIA Rail Canada
- Wabush Lake
Railway Co.
- West Coast Express
- White Pass &
Yukon Route
- Wisconsin Central
Ltd
