Interpretation Guidelines Manual
British Columbia Employment Standards Act and Regulations

Employment Standards Regulation - Part 7 - Variances and Exclusions

Text of Legislation

Specific oil and gas field workers paid by an hourly rate - rest periods and pay for interruption in rest periods

37.51 (1) This section applies in respect of the following employees who work for an employer in the oil and gas well drilling and servicing industry and who are paid by an hourly rate:

(a) a first aid worker referred to in Appendix 3;
(b) a water truck operator referred to in Appendix 3;
(c) a camp catering worker referred to in Appendix 3.

(2) If the employer schedules an employee referred to in subsection (1) (a) or (b) 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) If the employer schedules an employee referred to in subsection (1) (c) to remain on site on a 24 hour basis, section 36 (2) of the Act [hours free from work between shifts] does not apply but the employer must include in each 24 hour period

(a) a rest period of 8 or more consecutive hours, and
(b) a total of at least 12 hours of rest.

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

(5) For each interruption of a rest period or rest referred to in subsection (2) or (3), the employer must pay the employee wages for the greater of the following:

(a) 2 hours;
(b) the hours actually worked during the interruption.

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

(a) 1 1/2 times the employee’s regular wage if the total hours worked or earned that day are 12 hours or fewer;
(b) double the employee ’s regular wage if the total hours worked or earned that day are more than 12 hours.

Policy Interpretation

There are special rules under this section regarding the application of the Employment Standards Act and Regulation for persons employed as oil and gas field first aid and camp catering workers.

Subsection (1)

This section applies to first aid workers, water truck operators and camp catering workers, all of whom are paid by an hourly rate and are referred to in Appendix 3.

Subsection (2)

If the employer schedules first aid workers or water truck operators, who are paid 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)

If an employer schedules camp catering workers to remain on site on a 24 hour basis, 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 at least 12 hours of rest in each 24 hour period, with at least eight of these hours being consecutive.

Subsection (4)

The rest periods and rests referred to in subsections (2) and (3) are 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 or a rest referred to in subsection (1) or (2).

Subsections (5) and (6)

Where there is an interruption of a rest period or a rest, under subsection (2) or (3) 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 regular wage, if the total hours worked or earned that day are 12 hours or less;
• double the regular wage, if the total hours worked or earned that day are more than 12 hours.

Related Information

Related sections of the Act or Regulation

ESA

• s.1(2), Definitions
• s.36(2), 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. 37.6, 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