Collective agreement
This Directive is deemed to be part of collective
agreements between the parties to the National Joint Council
(NJC). Employees are to be afforded ready access to this
directive.
Grievance procedure
In cases of alleged misinterpretation or misapplication arising out of this directive, the grievance procedure, for all represented employees, within the meaning of the
Public Service Labour Relations Act, will be in accordance with Section 14 of the National Joint Council By Laws. For unrepresented employees the departmental grievance procedure applies. (revised April 1, 2005)
Effective date
This directive was effective on April 1,
1995.
Application
This directive applies to all departments and other portions of the Public Service, as defined in Schedules I and IV of the
Financial Administration Act. (revised April 1, 2005)
Scope
This directive outlines the requirements for the
safe operation of motor vehicles owned or leased by Public
Service departments, to ensure the safety and health of employees
and the public, and to avoid property or equipment damage.
Definitions
In this directive:
motor vehicle (véhicule automobile) -
means a truck, tractor, trailer, semi-trailer, automobile, bus,
motorcycle, all-terrain vehicle, snowmobile or other similar
self-propelled vehicle used primarily for transporting personnel
and/or material;
motor vehicle accident (accident) - means
an event involving the operation of a motor vehicle which results
in injury to persons and/or damage to equipment or property;
motor vehicle operator (conducteur) - means any employee who is required to operate a motor
vehicle in the performance of the employee's duties;
qualified person (personne qualifiée) -
means, in respect of a specified duty, a person who, because of
knowledge, training and experience, is qualified to perform that
duty safely and properly.
11.1 General responsibility of departments
11.1.1 Departments are responsible
for:
- developing, in consultation with the Safety and Health
Committee, rules and procedures for the safe operation of motor
vehicles, in accordance with the general principles set forth in
this directive;
- identifying circumstances in which air conditioned vehicles
are required to enhance the efficiency or protect the safety and
health of the employee using the vehicle;
- ensuring that employees are fully informed of the correct
procedures to be followed in the event of an accident;
- analyzing and evaluating motor vehicle accident reports and
statistics, determining the causes of accidents and utilizing
this information to prevent additional accidents from similar
causes;
- ensuring that every departmentally owned or leased motor
vehicle is maintained in a safe operating condition;
- informing employees of the employees' rights and obligations
and the department's responsibilities under the Travel Directive
when any authorized government business travel involves the use
of a private motor vehicle;
- ensuring that motor vehicle operators are qualified in all
respects to operate the vehicles to which they are assigned;
- enforcing safe driving rules and traffic regulations on
premises and in operations under their control;
- co-operating with civil and police authorities in the
enforcement of traffic laws and the observance of safe practices;
and
- developing, in consultation with the Safety and Health
Committee, procedures to be followed when motor vehicles are used
to transport persons under restraint.
11.2 Safe operation of motor vehicles
11.2.1 The operation of an unsafe motor vehicle
is prohibited. A motor vehicle is unsafe when any defect exists
which, in the judgment of the responsible supervisor in
consultation with a qualified licensed motor vehicle mechanic,
could contribute to an accident. A motor vehicle operator shall
not be required to operate a mechanically unsafe vehicle or a
vehicle loaded in a hazardous manner.
11.2.2 All motor vehicles, including emergency
motor vehicles, shall be operated in a prudent manner and at
speeds compatible with road, traffic, weather and visibility
conditions, and in compliance with the appropriate federal,
provincial, territorial or municipal laws.
11.2.3 When departments require employees to
operate departmentally owned snowmobiles, motorcycles, or
all-terrain vehicles, departments shall provide operators
with:
- personal protective equipment, a fire extinguisher and
supplies for cases of emergency, in consultation with the Safety
and Health Committee; and
- instructions in the operation and maintenance of the
vehicle.
11.3 Hazardous movement
11.3.1 Prior to the movement of oversize or
overweight motor vehicles, or those carrying dangerous articles
or equipment over public highways, notification of the route and
the utilization of public bridges, tunnels and/or highways is to
be given to appropriate civil officials. The movement of
dangerous substances by motor vehicle shall be subject to
requirements specified in the Transportation of Dangerous Goods
Act.
11.3.2 Motor vehicles that are regularly operated
in remote or isolated areas shall be equipped with appropriate
communications devices for emergency purposes.
11.4 Medical examinations
11.4.1 Employees who are required to operate
buses, ambulances, emergency vehicles and heavy mechanical or
mobile equipment shall undergo health evaluations pursuant to the
Occupational Health Evaluation Directive.
11.5 Qualification of motor vehicle operators
11.5.1 Every motor vehicle operator shall possess
a valid licence to operate the motor vehicle to which the
operator is assigned in accordance with the appropriate
provincial or territorial law, or as may be otherwise required by
regulations or statutes applicable to the Public Service.
11.5.2 In addition, motor vehicle operators may
be required to demonstrate their competence to operate assigned
motor vehicles and, in this regard, appropriate records shall be
maintained.
11.6 Training
11.6.1 Departments shall institute or participate
in motor vehicle operator training programs designed to
provide:
- refresher training to acquaint personnel with changes in
equipment or operating conditions; and
- remedial training to offset specific weaknesses indicated by
accident records, traffic rule violations or other instances of
inadequate operating performance.
11.6.2 Departments shall ensure that a written
record of the training required by 11.6.1 is maintained for as
long as the employee remains in the departments' employment.
11.7 Investigation of accidents
11.7.1 Every motor vehicle accident is to be
investigated, the cause or causes determined and appropriate
corrective action applied. Additionally, a Hazardous Occurrence
Accident Report shall be completed in compliance with Section
15.8 of the Hazardous Occurrence Investigation Recording and
Reporting Regulation (Canada Labour Code, Part II).
11.7.2 Departments shall maintain a written
record of vehicle repairs or replacement as a result of accidents
for a period of ten years.
11.8 Servicing, inspection and repair
11.8.1 Departments shall ensure that the
servicing, inspection, and repair of its motor vehicles:
- meet normal preventive maintenance and safety requirements
based on the use of motor vehicles;
- are done by a qualified person; and
- as a minimum meet the requirements in the appropriate
manufacturer's user manual.
11.8.2 Departments shall maintain records of
servicing, inspection and repair of each vehicle for as long as
the vehicle is in operation.
11.9 Safe transportation of persons
11.9.1 With the exception of 11.9.2, this section
does not apply to the use and operation of emergency
vehicles.
11.9.2 At the start of each shift, each operator
is to be responsible for carrying out a safety inspection of the
motor vehicle assigned. Unsafe conditions and defects are to be
reported promptly to the responsible supervisor.
11.9.3 To the extent possible, persons are to be
transported in passenger type motor vehicles or buses. The
following safety rules shall apply:
- only authorized persons shall be permitted to ride in motor
vehicles;
- the number of persons permitted to ride in a passenger motor
vehicle must not exceed the seating capacity of that motor
vehicle except for short distances on buses provided with
handholds;
- persons shall not be permitted to ride with any part of their
person extended outside the motor vehicle, or on a running board,
fender, cab, side or tailgate of a motor vehicle;
- persons shall not get on or off a motor vehicle while it is
in motion; and
- tools, tool boxes, equipment and cargo shall be safely and
securely stowed and secured to prevent shifting in transit.
- where there is a likelihood that materials, goods or things
will shift and endanger employees in any motor vehicle acquired
after April 1, 1995 and having an empty vehicle weight of less
than 4,500 kg, departments shall ensure the installation of a
bulkhead or other effective means to protect the employees.
11.9.4 When it is not possible or practicable to
use passenger motor vehicles to transport persons, truck type
motor vehicles may be used. In such cases, the safety measures
outlined in 11.9.3 shall apply and the additional safety measures
listed below shall also apply:
- fixed seating is to be provided and sideboards or stakes and
tailgates fitted;
- the number of persons to be transported may not exceed that
for which fixed seating is provided;
- a suitable cover shall be provided for protection from the
elements;
- a motor vehicle operator shall operate the motor vehicle
taking the appropriate precautionary measures to protect
passengers transported in these exceptional circumstances.
11.9.5 Under exceptional conditions, trucks
without fixed seating may be used for transporting small groups
(less than ten) for short distances on departmental property.
Passengers are to be in a secure position within the body of the
truck, and the vehicle driven with extreme caution at a speed not
to exceed 10 km/hr.
11.10 Fire prevention
11.10.1 No motor vehicle shall be operated unless
it is entirely free of fuel leaks.
11.10.2 Buses and motor vehicles used for
transporting flammable substances shall be equipped with a dry
chemical fire extinguisher.
11.10.3 The fire extinguisher referred to in
11.10.2 shall:
- have not less than a 5BC rating as defined in the National
Fire Code;
- meet the standards set out in section 6.2 of the National
Fire Code; and
- be so located that it is readily accessible to the
operator.
11.11 Motor vehicle fuelling and operations
11.11.1 Departments shall, in consultation with
the appropriate Safety and Health Committee or Representative,
develop written procedures on the fuelling of motor vehicles.
11.11.2 Tank trucks shall be loaded and unloaded
in authorized areas by qualified personnel and under controlled
procedures, in accordance with the National Fire Code of Canada,
1990, as amended from time to time.
11.12 Propane and natural gas fuelled vehicles
11.12.1 The installation, operation and
maintenance of propane fuelled motor vehicles and motorized
materials handling equipment shall be in accordance with the
Canadian Gas Association publication, CAN/CGA-B149.2-M91, Propane
Installation Code, as amended from time to time.
11.12.2 The conversion of vehicles to propane and
natural gas fuel systems after manufacture shall comply with the
Canadian Motor Vehicle Safety Standards and/or Provincial and
Territorial requirements.
11.12.3 Departments shall ensure that vehicles
converted to propane and natural gas fuel systems meet the
appropriate Canadian Motor Vehicle Safety Standards.
11.12.4 Each employee who is required to fuel a
propane vehicle shall be tested and licensed by those provinces
where such licensing is required pursuant to provincial or
territorial statute.
11.12.5 In provinces or territories where
licenses are not required, departments shall certify employees
for propane fuelling through internal departmental training and
licensing. Such training and licensing shall be equal to, or
better than, that provided in a province or territory where
licenses are required.
11.12.6 Each employee who is certified pursuant to 11.12.5
shall:
- be familiar with the specific safety precautions and
operating procedures applicable to vehicle fuelling;
- be able to identify and understand the functions and
components of vehicle fuel supply systems;
- be able to identify all components of a fuel dispenser and
demonstrate capability in safely fuelling a vehicle; and
- pass a written examination on the fuelling procedures
applicable to the fuel handled.
11.13 Safety measures against asphyxiation
11.13.1 The concentration of toxic exhaust fumes
to which the operator and other persons are exposed when working
on or near motor vehicles shall meet the requirements and not
exceed the levels as are prescribed pursuant to the Dangerous
Substances Directive.
11.14 Motor vehicle safety belts
11.14.1 Operators of, and passengers in, motor
vehicles which are required to be equipped with safety belts
shall be required to fasten such safety belts at all times when
the vehicle is in motion.
11.15 Highway warning devices
11.15.1 Motor vehicles operated at a rate of
speed that is more than 30 km/hr below the posted speed for a
road or area shall be equipped with a slow moving vehicle warning
device as prescribed by the laws of the province or territory in
which the equipment is operated.
11.15.2 Where the laws of the province or
territory in which the motor vehicle is operated do not prescribe
a slow moving vehicle warning device, such mobile equipment shall
be equipped with a warning device in accordance with the
requirements of the laws of an adjacent province or
territory.
11.15.3 In the event that a motor vehicle breaks
down on or adjacent to the highway, advance warning devices such
as flares or reflectors shall be placed in accordance with the
statutes of the province or territory in which the vehicle breaks
down.
11.16 First Aid kits
11.16.1 Motor vehicles shall be equipped with
First Aid kits in accordance with the requirements of the First
Aid Directive.
11.16.2 At the request of the employee, when any
authorized government business travel involves the use of a
private motor vehicle, the department shall provide a pocket
first aid kit as referred to in the First Aid Directive.
11.17 Resolving "qualified person" disputes
11.17.1 Where there is a dispute regarding the
term "qualified person" for purposes of an occupational safety
and health standard, the following procedure shall be
implemented:
- The employee shall raise the matter directly with the person
in charge.
- The person in charge shall review the employee's
qualifications and decide upon the employee's status as a
qualified person.
- If the employee is dissatisfied with the decision, the matter
shall be referred to the Safety and Health Committee established
for the employee's workplace.
- The Safety and Health Committee shall review the matter and
make appropriate recommendations to the person in charge.
- If the Safety and Health Committee does not consider itself
competent to deal with the case, it shall recommend an acceptable
third party to the person in charge.
- The person in charge shall, pursuant to (d) or (e), take the
recommendations into consideration, render a final management
decision and undertake the appropriate action.
If the employee does not agree with the final
decision which has been rendered, a grievance may be initiated
pursuant to the NJC redress procedure.
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