Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations
EMPLOYMENT STANDARDS REGULATION - PART 7 - VARIANCES AND EXCLUSIONS
ESR Section 42 – Exclusions from hours-of-work requirements
This regulation explains which persons are excluded from requirements in s.33 of the Act.
42. (1) Section 33 of the Act does not apply to a person who is employed
(a) to explore for oil or gas,
(b) in drilling, completing, recompleting or remedially treating an oil or gas well, or
(c) in supplying supplementary operations or services with the activities in paragraph (a) or (b).
(2) Section 33 of the Act does not apply to a person employed on a 12 hour live-aboard basis on a vessel operated by the British Columbia Ferry Corporation.
The requirement that a split shift ends within 12 hours of the start of the shift, under s.33 of the Act, does not apply to persons performing work as described in this section. There is no restriction regarding the start and finishing times of a split shift.
Related sections of this Regulation that are applicable to certain type of oil and gas workers are identified below.
Related sections of the Act or Regulation
- s.37.5, Oil and gas field workers – hourly rate of pay
- s.37.51, Oil and gas field first aid and camp catering workers
- s.37.6, Oil and gas field workers – salary and bonus compensation
- Appendix 3 – Oil and Gas Well Drilling and Servicing Occupations – Hourly Rate of Pay
- Appendix 4 - Oil and Gas Well Drilling Salary and Bonus Compensation System Rate of Pay