Question Period Note: Fatigue Management in the Rail Sector

• Rail safety is my top priority and I remain committed to making sure we have a comprehensive approach to fatigue management in the rail sector.
• On December 20, 2018, I issued a Ministerial Order that instructed railway companies to revise the Work/Rest Rules for Railway Operating Employees to ensure they reflect the latest fatigue science and fatigue management practices.
• After I deemed their first submission insufficient, Transport Canada received a new draft proposal for Work/Rest rules from the railway companies on December 16, 2019.
• The Railway Safety Act requires railway companies to consult with groups, such as employee representatives, that are likely to be affected by rules governing their working conditions. This consultation must be done before the final work/rest rules are submitted to Transport Canada for my approval. That consultation is expected to occur throughout January and February in 2020.

IF PRESSED

• I expect the revised rules to be submitted for my approval in March 2020.

• 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.
o 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 were instructed to reconsider their position and propose revised rules that fully address the eight elements described in the Ministerial Order by December 15, 2019.
• In response, RAC formed an industry Working Group and hired Dr. Drew Dawson of the Appleton Institute, South Australia to assist them with the development of revised rules.
• In November 2019, the RAC advised TC officials that they would not be able to meet the December 15th deadline and would require additional time to fully address the requirements.
• Transport Canada has met with the RAC Working Group on multiple occasions (Fall/Winter 2019) and continues to monitor their progress.
• The Working Group has addressed several of the required key elements, in particular cumulative time on duty and rest periods, however, work still remains to be completed on other key requirements of the WRRs.
• Transport Canada has been advised that companies will consult with their labour unions on the proposed Work/Rest Rules this January and February and they will be submitted to TC for approval in March 2020.
• 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.

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