There is growing recognition that human factors, including fatigue, is a leading cause of accidents. Effective fatigue management is a particular challenge in the rail industry where 24/7 operations 365 days a year are the norm and workers are subject to shift work, disruptive schedules and long hours of work due in part to the remoteness of work locations.
Originally approved in 2002, and amended in 2011, the existing Work/Rest Rules for Railway Operating Employees no longer reflect the latest fatigue science. As a result, they do not provide adequate protection for operating employees. The regime is predicated on the individual’s ability to judge their own level of fatigue rather than a combination of employer and employee responsibility to ensure rest and proactively manage fatigue.
On June 16, 2016, the Standing Committee on Transport, Infrastructure and Communities released its report “An Update on Rail Safety”, which contained the recommendation to take immediate action through a working group to develop options to improve the management of railway crew fatigue.
In fall 2016, the Transportation Safety Board of Canada (TSB) also added the issue of fatigue management in the rail industry on their Watchlist, as a key safety issue that needs to be addressed.
To address the issue, in December 2018, Transport Canada (TC) issued a Ministerial Order (MO) instructing railway companies to revise the Work/Rest Rules.
Rules are developed by railway companies, in consultation with relevant associations (e.g. employee unions), and then approved by the Minister of Transport. Rules have the same force in law as regulations.
However, in July 2019, the proposal submitted by industry was assessed by TC and deemed inadequate as it did not suitably incorporate the latest fatigue science and unions had not been consulted properly.
Railway companies are to submit new proposals by December 15, 2019. TC will then assess adequacy of the revised proposal. If the new proposed rules are deemed satisfactory, the Minister may approve the rule, or approve with conditions. If the Minister rejects the proposal, the department could initiate a regulatory process to impose new Work/Rest requirements on industry.
