Mr. Speaker, with regard to part (a), the Transportation Safety Board of Canada, TSB, is the independent agency that collects and analyzes data related to railway incidents in Canada and investigates the cause and factors contributing to their occurrence. As such, they are the appropriate authority to respond to this question.
With regard to part (b), as the authority responsible for collecting data on railway incidents in Canada, the TSB, is the appropriate party to respond to this question.
With regard to part (c), a number of specific measures have been implemented since November 4, 2015, which are aimed at preventing railway incidents resulting from employee fatigue. One is safety management system regulations. New regulations prescribing the implementation of a safety management system were published in 2015. They included specific requirements for railways to follow in terms of scheduling shifts based on the principles of fatigue science.
Another is a notice of intent, or NOI. In November 2017, Transport Canada, TC, published an NOI that described a fatigue strategy. The strategy included a review of fatigue risk management systems, FRMS, and research into key positions in the rail industry and their sensitivity to fatigue. The NOI also stated TC’s intention to initiate amendments to the Work/Rest Rules for Railway Operating Employees, or WRR, and the Railway Safety Management System Regulations, 2015, and, if necessary, to pursue the development of new regulations to address fatigue in the rail industry.
Another measure was a Fatigue in Transportation forum. A Fatigue in Transportation symposium was held in Montreal in the summer of 2018. The forum, which brought together over 200 participants, included speakers from academia, government and the transportation industry to build knowledge and promote increased awareness of fatigue in the transportation sector.
Another measure was updated work/rest rules. The Minister of Transport issued a ministerial order in December 2018 that required industry to update the existing work/rest rules to reflect the latest principles in fatigue science. This includes revisions to maximum duty lengths, minimum rest periods, advance notice of schedules, maximum cumulative duty times and the development of fatigue management plans. Transport Canada received a revised proposed working draft of these rules on December 16, 2019, and the industry must conduct a consultation with its unions. Submission by industry of a new proposal is expected for consideration and approval in early 2020.
With regard to part (d), conductors and locomotive engineers who operate in freight service/yard service are subject to the provisions of the current work/rest rules. These rules do not contain a minimum turnaround time or mandated time off duty between shifts unless the employee has worked more than 10 hours. If the employee has worked in excess of 10 hours and is away from the home terminal, the employee must have six hours off duty. If they are at the home terminal, they must have eight hours off duty. Usually employees who are on regularly scheduled assignments, yard service, do not receive calls for work.
Railway yard workers are also subject to these provisions but are often assigned a regular schedule, obviating the need for a minimum turnaround time.
Other railway workers, which is interpreted to mean non-operating employees, are subject to part III of the Canada Labour Code, and their collective agreements where applicable. Under section.169.2 (1) of part III of the Canada Labour Code, employees are eligible for a minimum rest period of at least eight consecutive hours between work periods or shifts.