Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS REGULATION - PART 7 - VARIANCES AND EXCLUSIONS

ESR Section 37.65 – Oil and gas field workers under section 37.6 - rest periods and pay for interruption of rest periods


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This section explains rest periods and pay for interruption of rest periods for employees who are primarily engaged in vacuuming waste from an oil or gas well and who are not paid on an hourly rate. 


Text of Legislation

Oil and gas field vacuum workers under section 37.6 — rest periods and periods and pay for interruption in rest periods

37.65  (1)  This section applies to an employee referred to in section 37.6 who is primarily engaged in vacuuming waste from an oil or gas well.

(2)  If the employer schedules an employee referred to in subsection (1) for a 24 hour shift, section 36 (2) of the Act [hours free from work between shifts] does not apply but the employer must include in the shift a rest period of 12 or more consecutive hours.

(3)  Section 1 (2) of the Act [employee deemed to be at work while on call] does not apply to a rest period referred to in subsection (2) of this section.

(4)  For each interruption of a rest period referred to in subsection (2), the employer must pay the employee wages for the greater of the following:

(a) 2 hours;

(b) the hours actually worked during the interruption.

(5)  Subject to subsection (6), the rate of pay for the hours referred to in subsection (4) is as follows:

(a) 1 1/2 times the employee’s regular salary, if the total hours worked or earned that day are 12 hours or fewer;

(b) double the employee’s regular salary, if the total hours worked or earned that day are more than 12 hours.

(6)  If during the pay period in respect of which subsection (5) applies the employee is entitled under the compensation system to a bonus, allowance or remuneration, other than a bonus, allowance or remuneration that is based on geographic location of the employee’s residence, then the employer must pay the employee the greater of the following:

(a) the sum of that bonus, allowance or remuneration and the employee’s regular salary for that pay period;

(b) the wages to which the employee is entitled for that pay period including the wages under subsection (5).


Policy Interpretation

Subsection (2)

If the employer schedules a vacuum worker who is paid other than by an hourly rate for a 24 hour shift, the employer does not have to ensure that each employee has at least 8 hours free between each shift worked. However, the employer must include a rest period of at least 12 consecutive hours in each shift.

Subsection (3)

The rest period referred to in subsection (2) is excluded from section 1(2) of the Act. This means employees are not considered to be “at work while on call at a location designated by the employer”. Because of this, they are not entitled to be paid wages while on a rest period referred to in subsection (2).

Subsections (4) and (5)

Where there is an interruption of a rest period under subsection (2) above, employees are entitled to be paid wages for the greater of:

  • 2 hours; or
  • the hours actually working during the interruption

at the following rate of pay:

  • one and-one-half times the employee’s regular salary, if the total hours worked or earned that day are 12 hours or less;
  • double the employee’s regular salary, if the total hours worked or earned that day are more than 12 hours.

Subsection (6)

If, during a pay period, an employee’s rest periods are interrupted and the employee also earns a bonus, (excluding a bonus based on geographic location of the employee’s residence such as the Northern Allowance), the employer must pay the greater of the following for that pay period:

  • the employee’s salary plus bonus; or
  • the employee’s salary plus pay for any interruptions of rest periods.

Related Information

Related sections of the Act or Regulation

ESA

  • s. 36, Hours free from work

ESR

  • s.37.5, Oil and gas field workers paid by an hourly rate – exclusion from section 36(1) of the Act
  • 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. 42, Exclusions from hours-of-work requirements

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