Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS REGULATION - PART 7 - VARIANCES AND EXCLUSIONS

ESR Section 37.5 – Oil and gas field workers hourly rate of pay


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

Employees who work in the oil and gas well drilling and servicing industry who are paid by an hourly rate and who are referred to in Appendix 3 are not entitled to 32 consecutive hours free from work each week.  If they work during the 32 hour period they are not entitled to premium pay. 


Text of Legislation

37.5. Section 36 (1) of the Act does not apply in respect of employees who work for an employer in the oil and gas well drilling and servicing industry and who are

1.     paid by an hourly rate, and

2.     referred to in Appendix 3.


Policy Interpretation

Under this section, employees who are working in the oil and gas well drilling and servicing industry, who are paid by an hourly rate in an occupation listed in Appendix 3 of this Regulation, are excluded from s.36(l) of the Employment Standards Act, Hours free from work.

Employers do not have to ensure that these employees have at least 32 consecutive hours free from work each week, nor do they have to pay premium rates for hours worked during the 32 hour period.
Employees listed in Appendix 3 are:

Geophysical or seismic drillers

Heavy motorized equipment operators

Slashing and timber salvage workers

Gathering systems and facility installers

Service rig workers

Camp catering workers

First aid workers

Safety workers

Oil and gas drilling rig workers

Land survey workers

Water truck operators

 

Related Information

Related sections of the Act or Regulation

ESA

ESR

  • s.37.51, Specific oil and gas field workers paid by an hourly rate – rest periods and pay for interruption in rest periods
  • s. 37.6, Oil and gas field workers who are paid other than by an hourly rate
  • s. 37.61 Oil and gas field workers under section 37.6 – exclusion from section 36(1) of the Act
  • s. 37.62, Oil and gas field workers under section 37.6 – “regular salary”
  • s. 36.63, Oil and gas field workers under section 37.6 – paydays and bonus pay
  • s. 37.64, Oil and gas field workers under section 37.6 – overtime wages
  • s. 37.65, Oil and gas field vacuum workers under section 37.6 – rest periods and periods and pay for interruption in rest periods
  • s. 42, Exclusions from hours-of-work requirements

Appendix 3 – Oil & gas well drilling & servicing occupations - hourly rate of pay