Oil & Gas Field Workers Hourly Rate of Pay - Regulation Part 7, Section 37.5

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Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information

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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. 

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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.

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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

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Related Information

Related sections of the Act or Regulation

ESA

• s.36(1), Hours free from work

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. 37.63, 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