Rig Move Operations

Exemption to allow an alternative to meeting the mandatory off-duty time and daily off-duty time requirements established under the Commercial Vehicle Drivers Hours of Service Regulations

Tracking Number – ASF-E-2012-02

Pursuant to section 16 of the Motor Vehicle Transport Act, after consulting with the affected provinces and being of the opinion that the exemption is in the public interest and is not likely to affect motor carrier safety, I hereby exempt extra-provincial truck undertakings and their drivers who are employed or otherwise engaged in the provision of rig moves as part of a drilling project for the oil and gas industry, from having to meet the mandatory off-duty time and daily off-duty time requirements of sections 13 and 14 of the Commercial Vehicle Drivers Hours of Service Regulations (the Regulations), subject to the conditions set out below.

Purpose

The purpose of this exemption is to allow eligible extra-provincial truck undertakings and their drivers to meet the mandatory off-duty time and daily off-duty time requirements by accumulating off-duty time in sleeper berths or alternate sleep accommodations.

Application

This exemption applies to extra-provincial truck undertakings and their drivers who are employed or otherwise engaged in rig move operations as part of a drilling project, under the provisions of a valid Oil Well Service Vehicle Permit, between and through the provinces of British Columbia, Alberta, Saskatchewan and Manitoba.

Definitions

For the purposes of this exemption,

"alternate sleep accommodations" means accommodations that are utilized by a driver to obtain recuperative sleep under the provisions of this exemption, and include:

  1. a camp sleep facility that complies with all applicable laws related to occupational health and safety, building and fire codes, and any other laws directly related to the regulation of work camps;
     
  2. a commercial hotel or motel;
     
  3. a private residence; and
     
  4. any other sleep accommodation, deemed acceptable by the hours of service director of the base jurisdiction, after giving due consideration to the characteristics of the sleep accommodation that are necessary for obtaining quality sleep under the provisions of this exemption.

"base jurisdiction" means the province or territory where the commercial vehicle operated by the extra-provincial undertaking is registered or base-plated.

"drilling project" means the drilling of a series of wells in the same geographical area, during the winter season (November 01 to March 31), where the drilling rig is moved from site to site.

"elapsed time" means the period of time that is calculated by

  1. including
     
    1. all on-duty time;
       
    2. all off-duty time not spent in the sleeper berth or alternate sleep accommodation;
       
    3. all periods of less than 2 hours spent in the sleeper berth or alternate sleep accommodation;
       
    4. any other period spent in the sleeper berth or alternate sleep accommodation that is not excluded from the elapsed time calculation; and
       
  2. excluding
     
    1. any period spent in the sleeper berth or alternate sleep accommodation that is 2 hours or more in duration and that, when added to a subsequent period in the sleeper berth or alternate sleep accommodation, totals at least 10 hours.

"Enform" means the organization that serves as the government-recognized petroleum safety association for the Provinces of British Columbia, Alberta and Saskatchewan.

"journey management program" means the preparation of a plan intended to identify, assess and manage the risks associated with journeying on public highways while mobilizing and demobilizing work crews and their associated commercial vehicles from one jobsite to another.

"rig move" means the use of commercial trucks to dismantle a drilling rig and associated equipment such as cat walks, pipe tubes and tables, compressors, fuel tanks and shacks, and to transport the drilling rig and associated equipment from one location to another location, where the it will be reassembled.

Conditions

This exemption is subject to the following conditions:

  1. Prior to commencement of operations under this exemption, the extra-provincial truck undertaking shall:
     
    1. develop and implement a fatigue management program based on Enform's Guide to Safe Work: Fatigue Management – An Employer's Guide to Designing and Implementing a Fatigue Management Program, or an equivalent deemed acceptable by the provincial hours of service director of the base jurisdiction;
       
    2. provide to its dispatchers, supervisors and drivers, fatigue management training;
       
    3. provide to drivers of commercial vehicles operational safety training that would include but is not limited to the light duty vehicle driver improvement or general oilfield driver improvement courses, as applicable to the driver's duties;
       
    4. implement an alcohol and drug policy that conforms to Enform's Alcohol and Drug Policy Model for the Canadian Upstream Petroleum Industry or an equivalent deemed acceptable by the provincial hours of service director of the base jurisdiction;
       
    5. obtain and continue to maintain a valid Certificate of Recognition, Medium Employer Certificate of Recognition or a Small Employer Certificate of Recognition from Enform or other Certifying Partner, as applicable;
       
    6. ensure a National Safety Code Standard Facility Audit is conducted by a third-party auditor who is deemed acceptable to the provincial hours of service director with respect to its operations;
       
    7. during the conduction of the National Safety Code Standard Facility Audit, make available to the third-party auditor any documentation and supporting materials required to demonstrate its compliance with the Commercial Vehicle Drivers Hours of Service Regulations and the conditions of this exemption;
       
    8. notify in writing the provincial hours of service director of the base jurisdiction of its intention to operate under this exemption;
       
    9. provide to the provincial hours of service director of the base jurisdiction a list that will contain the following information:
       
      1. the commercial vehicles that are to be operated;
         
      2. the licence plate numbers of those vehicles and the province of issuance;
         
      3. the names of drivers who will operate the commercial vehicles; and
         
      4. the drivers' driving licence numbers and province of issuance; and
         
    10. keep the director informed of any changes to the list referred in paragraph 1(h) so that the director may accurately and quickly identify the commercial vehicles or the drivers.
       
  2. While operating under this exemption, the extra-provincial truck undertaking shall:
     
    1. hold an Oil Well Service Vehicle Permit that is valid for every jurisdiction where operations are taking place;
       
    2. hold a valid safety fitness certificate that has been assigned a Satisfactory Safety Rating by the base jurisdiction pursuant to the Motor Vehicle Transport Act and the Motor Carrier Safety Fitness Certificate Regulations;
       
    3. ensure the training provided to its employees is based on Enform's relevant training program or an equivalent deemed acceptable by the provincial hours of service director of the base jurisdiction;
       
    4. ensure the training provided to its employees is documented in writing;
       
    5. where commercial vehicles are being operated on public highways, have a journey management program in place that is deemed acceptable by the provincial hours of service director of the base jurisdiction;
       
    6. require that a copy of the exemption and any acknowledgement letter of intention to operate or approval letter for alternate sleep accommodations that has been received from the provincial hours of service director of the base jurisdiction, is placed in the commercial vehicles that are operated in accordance with the conditions of this exemption;
       
    7. keep at their principal place of business or other location deemed acceptable by the provincial hours of service director, a copy of the exemption and any acknowledgement letter of intention to operate or approval letter for alternate sleep accommodations that has been received from the provincial hours of service director of the base jurisdiction as well as daily logs and other supporting documents that demonstrate compliance with the conditions of this exemption and shall at the request of an inspector or provincial hours of service director, immediately make available for inspection such documentation;
       
    8. allow an inspector, at any time, to enter any alternate sleep accommodation that is being used or is intended to be used by a driver to obtain split off-duty time, for the purpose of verifying that the alternate sleeper accommodation meet the requirements of this exemption;
       
    9. not request, require or allow a driver to operate a commercial vehicle under the cycles provided for at sections 13 and 14 of the Commercial Vehicle Drivers Hours of Service Regulations without first requiring the driver to take 8-consecutive hours of off-duty time;
       
    10. monitor that all drivers of commercial vehicle operating under the conditions of this exemption comply with its requirements and where non-compliance is observed, ensure immediate remedial actions are taken; and
       
    11. comply with all the other applicable requirements of the Commercial Vehicle Drivers Hours of Service Regulations.
       
  3. Prior to commencement of operations under this exemption, the driver of an extra-provincial truck undertaking operating a commercial vehicle shall take fatigue management and hours of service training and other operational safety training that would include but is not limited to the light duty vehicle driver improvement or general oilfield driver improvement courses, as applicable to the driver's duties.
     
  4. While operating under this exemption, the driver of an extra-provincial truck undertaking operating a commercial vehicle shall:
     
    1. operate under the provisions of an Oil Well Service Vehicle Permit that is valid in every province where driving occurs;
       
    2. allow an inspector, at any time, to enter any alternate sleep accommodation that is being used or is intended to be used to obtain split off-duty time, for the purpose of verifying that that alternate sleep accommodation meets the requirements of this exemption;
       
    3. in order to accumulate off-duty time, ensure the following conditions are met:
       
      1. neither period of qualifying off-duty time is shorter than 2 hours;
         
      2. accumulate 10 hours of off-duty time in no more than two periods
         
      3. spend the accumulated off-duty time resting in a sleeper berth or alternate sleep accommodation;
         
      4. the total of the driving time in the periods immediately before and after each of the qualifying periods of off-duty time does not exceed 13 hours;
         
      5. the total of the on-duty time in the periods immediately before and after each of the qualifying periods of off-duty time does not include any driving time after the 14th hour; and
         
      6. the elapsed time in the periods immediately before and after each of the periods of off-duty time does not include any driving time after the 16th hour after the driver comes on-duty; and
         
    4. not operate a commercial vehicle under the mandatory off-duty time and daily off-duty time requirements provided for at sections 13 and 14 of the Commercial Vehicle Drivers Hours of Service Regulations without first taking 8-consecutive hours of off-duty time;
       
    5. not utilize the provisions for deferral of daily off-duty time under section 16 of the Commercial Vehicle Drivers Hours of Service Regulations while operating under the exemption;
       
    6. indicate in the "Remarks" section of each daily log, if the exemption is being used on that day and, if any mobile units such as trailers are intended to be used that day as alternate accommodation,  then the unit must be adequately identified and also indicated within this section of the daily log;
       
    7. carry a copy of the exemption and any acknowledgement letter of intention to operate or approval letter for alternate sleep accommodations that has been issued by the provincial hours of service director of the base jurisdiction in the commercial vehicle, and shall make the documents available for inspection by an inspector, immediately upon request; and
       
    8. comply with all the other applicable requirements of the Commercial Vehicle Drivers Hours of Service Regulations.

Validity

This exemption comes into effect upon the date that it is signed and remains valid until the earliest of the following:

  1. 36 months after the date that it comes into effect, 23:59 MST;
     
  2. The date on which the exemption is cancelled in writing by the Minister where he is of the opinion that it is no longer in the public interest, or that it is likely to affect motor carrier safety.

Original signed on July 27, 2012

 

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