Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS REGULATION - PART 7 - VARIANCES AND EXCLUSIONS

ESR Section 37.13 – Mining


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This section identifies a 12-hour scheduling option for a surface mining employer and the special overtime provisions that apply.


Text of Legislation

37.13. (1) In this section, "mining employer" means the employer of an employee who works for a surface mining operation regulated under the provisions of the Mines Act.

(2) A mining employer may institute a work schedule which provides for a regular schedule of hours of 12 per day and a shift cycle of 4 days at work and 4 days off work, which cycle repeats over a period of 8 consecutive weeks.

(3) The shift schedule referred to in subsection (2) may begin on any day of the week, but the shift cycle of 4 days on and 4 days off must remain constant over the 8 week period.

(4) A mining employer who institutes a work schedule under subsection (2) must pay overtime as follows:

(a) daily overtime at the rate of double the regular wage must be paid for all hours worked in excess of 12 hours in a day;

(b) weekly overtime at the rate of 1 1/2 times the regular wage must be paid for all hours worked in excess of 40 hours per week averaged over the 8 week period.

(5) For the purpose of calculating weekly overtime under subsection (4) (b), only the first 12 hours worked by an employee in each day are counted.

(6) Daily overtime under subsection (4) (a) must be paid in the pay period for which the overtime is worked.

(7) Sections 35, 37 and 40 of the Act do not apply to a mining employer in respect of employees who are covered by the work schedule set out in this section.


Policy Interpretation

Subsection (1)

This section of the Regulation applies to employees working in a surface mining operation regulated under the provisions of the Mines Act.

Subsection (2) & (3)

A “mining employer” in a surface mine, as defined in subsection (1) may implement a work schedule consisting of:

  • 12 hours per day
  • 4 days on; 4 days off
  • cycle repeats over a period of 8 consecutive weeks
  • cycle may begin on any day of the week but the 4 days-on, 4 days-off cycle must remain the same over the 8 week period

Subsection (4) & (5)

The following overtime provisions apply for the above schedule:

  • 2 times the regular wage for all hours worked over 12 hours in a day
  • 1-1/2 times the regular wage for all hours worked in excess of 40 when averaged over the 8-week period
  • when calculating weekly overtime, only the first 12 hours in a day count toward weekly overtime. (The remaining hours are included in the daily overtime calculation).

Subsection (6)

Daily overtime under subsection 4(a) must be paid in the pay period in which it was worked.

Subsection (7)

Surface mining employees covered by a schedule as detailed above are not covered by the following overtime provisions of the Act:

Section 35. Maximum hours of work before overtime applies

Section 37. Agreements to average hours of work

Section 40. Overtime wages for employees not working under an averaging agreement


Related Information

Related sections of the Act or Regulation

ESA

Other

Mines Act, [RSBC 1996] Chapter 293

Section 1 of B.C. Reg. 109/81