Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS REGULATION - APPENDIX 3

ESR Appendix 3 - Oil and Gas Well Drilling and Servicing Occupations - Hourly Rate of Pay


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This Appendix defines the occupations within the oil and gas well drilling and servicing occupations that are entitled to special hourly rates of pay. 


Text of Legislation

Appendix 3
[en. B.C. Reg. 355/97, s. 3; am. B.C. Regs. 150/99, s. 3; 177/2001, s. (b); 307/2002, s. 30.]

Oil and Gas Well Drilling and Servicing
Occupations — Hourly Rate of Pay

Geophysical or seismic drillers engaged in any type of seismic process, including heliportable operations, for the purpose of hydrocarbon exploration, specifically: drillers, drillers' helpers, drill push, jug hustlers, field mechanics, equipment operators, labourers.

Heavy motorized equipment operators for the preparation, construction or maintenance of all aspects of industry work purposes, specifically: equipment operators, labourers.

Slashing and timber salvage workers engaged in the removal or disposition of any form of vegetation in areas designated for industry work purposes, specifically: chain saw operators and labourers.

Gathering systems and facility installers engaged in construction, installation, or establishment of pipelines not more than 41 cm in diameter or stations required for pumping or gathering of hydrocarbon fuels up to and including the point where the main pipe is met, specifically: gathering systems and facility installers, equipment operators, welders and labourers.

Service rig workers engaged in drilling activities for the purposes of servicing oil wells, specifically: operators, derrick workers, labourers, floor workers and tool pushes.

Camp catering workers engaged in providing services in the operation of a field camp that provides food services or accommodations or both, specifically: cooks, cooks' helpers and camp attendants.

First aid workers engaged in medical support activities, specifically: first aid attendants.

Safety workers engaged in activities to reduce danger, risk or injury, specifically: safety coordinators.

Oil and gas drilling rig workers engaged in activities for the purposes of drilling oil and gas wells, specifically: tool pushes, drillers, derrickhands, floorhands, motorhands and leasehands.

Land survey workers, specifically: chainers, rodperson/surveyor's assistant, labourer/helper, Global Positioning System pack operator, Geographic Information System field mapper, instrument operator, and Cat-Push/Advance person.

Water truck operators engaged in the provision of water for mudding and lubrication for drilling, and for the watering of roads accessing the drill site.


Policy Interpretation

This Appendix identifies workers within certain occupations in the oil and gas well drilling and servicing industry who are paid an hourly rate of pay and who fall under provincial jurisdiction and are, therefore, covered by the B.C. Employment Standards Act.

The following guidelines apply when determining the jurisdiction of employees working on oil and gas pipelines:

Provincial jurisdiction (B.C. Employment Standards Act and Regulation):
Construction and maintenance of intraprovincial oil or gas pipelines

  • All intraprovincial oil and gas pipelines, that start and stop within B.C., both during their construction and in their operation.

Construction of interprovincial/international oil or gas pipelines (upon completion, jurisdiction generally moves to federal jurisdiction)

  • Employees of a contractor retained by the interprovincial/international pipeline owner or operator who do maintenance, provided that the economic purpose of their employer is not restricted to doing interprovincial/international pipeline maintenance

Federal jurisdiction (Human Resources Development Canada, Labour Program, Labour Standards & Workplace Equity):

Maintenance of interprovincial/international oil or gas pipelines

  • Includes operating interprovincial oil or gas pipelines that start or stop in another province or country
  • Interprovincial oil or gas pipelines that are not longer being constructed but where construction has been completed
  • Employees of the pipeline owner or operator who performs interprovincial/international pipeline maintenance

Employees who fall under provincial jurisdiction have the following special terms of employment, as defined in this Regulation and are excluded from certain provisions of the Act as follows:

ESR Section 37.5 – Exclusion from Section 36(1) of the Act - Hours free from work

ESR Section 37.51- Oil and gas field first aid and camp cater workers

  • Special rest periods with special rates of pay; overtime requirements

Related Information

Related sections of the Act or Regulation

ESA

ESR