Some trucking companies are regulated by the federal government. Others by provincial legislation. And while many of the basic workplace rules are similar, there are some significant differences you should be aware of, particularly when it comes to severance, benefits, statutory holidays, and other employment entitlements.
In most cases, a workplace will be governed by provincial legislation as only about 6% of employees in Canada are federally regulated. However, when it comes to trucking, that percentage goes up.
So how do you know?
Well, one rule of thumb is whether the road transportation services you provide, including trucks and buses, cross provincial, or international borders. If so- you are likely federally regulated, and that means there can be a difference in the workplace and employments laws that regulate your company compared to your provincial counterparts.
In general, the following industries and workplaces are federally regulated:
Air transport
Broadcasting
Chartered banks
Federal Crown corporations
Federal government employees
Feed and feed mills
Grain elevators
Interprovincial pipelines
Interprovincial trucking
Rail and water transport
Work directly for or on behalf of First Nations
Federally regulated employees are governed by the Canada Labour Code, while provincially regulated employees are governed by the Employment Standards legislation in the province in which they are employed. If in doubt, seek legal counsel.
This is a timely discussion to have, as the federal government recently passed legislation to make September 30th a federal statutory holiday called the “National Day for Truth and Reconciliation”.
If you are a federally regulated business- you must honour this statutory holiday by closing and paying general stat pay, or staying open and paying overtime wages, where applicable. If you are provincially regulated, then you are not required to observe this stat at this time.
Unionized employers are advised to consult legal counsel to determine the applicability of this stat as it relates to their collective agreement.
Truck drivers are not unique to working alone. However, in most industries work alone in the same environment. Drivers work alone in multiple environments and face tough challenges keeping themselves safe. There are several areas of risk, including driving. For now, I will focus on when the truck is stopped. Over the road Safety starts with a good pre-trip. This is not news to any professional truck driver. However, breaking down increases your exposure to the unknown. It’s important to ensure your vehicle is in top shape to keep you rolling.
Should you find yourself on the side of the road, here are a few Safety Tips. Keep your Side boxes locked. Don’t leave the side door release latch accessible. If you are approached by a person, who you did not call for help, do not exit the vehicle. Lock your doors. For Back up, turn your phone on to record the conversation. If the vehicle stops ahead, take a photo of the person, vehicle and license plate. Close your bunk curtains as they approach. This will provide the illusion there is another person with you. Do not disclose what is wrong with the vehicle or any load information. Tell them help is arriving imminently. Carry a basic tool kit, waterproof flashlight Carry two days of food and water Keep a travel toilet in the truck for places where you feel unsafe to leave the truck. Keep your curtains closed to give the illusion of a co-driver Keep your cell phone fully charged and within reach in the bunk. Never walk between trailers. Take the long way around. Carry flip flops, always wear them in the showers If you are concerned about security while sleeping, tie the driver and passenger door together with a ratchet strap.
In the Yard – Truck Stops, Rest Areas, Customers First and foremost, be aware of your surroundings. That may sound simple, but for a truck driver, it’s not. There are a lot of blind spots where risks can lurk. Here are a few questions to help evaluate your risk: What are my surroundings? Is the yard secured, or is there a guard? Is the ground level? Is there a tripping risk? Are there people in the yard? Are they employees? Know your work alone policy. Send a note to dispatch when you arrive at the facility. And when you leave. Call the customer ahead of time, ask if it is safe to park onsite. Is there security, driver facilities?
What can Companies do to keep their drivers safe? Well-lit yards. Provide facilities that lock – ie bathroom, showers Work alone policy. Use a check in AP or company communication device. Have a road buddy to keep in touch with – check in regularly. Keep notes on customer facilities. Rate their driver safety for reference. Use an Emergency response phone APP for drivers. Provide PPE for the job.
Deborah Gee
Deborah Gee is a CITT (CCLP) and RPR certified professional. Experienced class 1 driver with LTL, FTL and Heavy Haul. Deborah is currently a regional recruiter for Trimac Transportation in Calgary, Alberta. Deborah has been involved with WTFC since it’s inception and is on the board of directors. You can reach her at dgee@trimac.com
The Ministry of Transportation is committed to creating an environment for economic success for commercial vehicle clients through program efficiency, burden reduction, and engaging industry on opportunities to improve how our programs serve Ontario’s commercial vehicle industry.
As a result, the Ministry of Transportation has developed a new product for commercial vehicle clients called the “Online Carrier Record”. This new portal provides clients with instant access to all of their CVOR safety records in real time. Users will be able to filter and sort using a variety of functions and view these records online or download into a PDF or Excel file to help manage their safety performance.
You will have full access to the service and all your CVOR safety records.Access will be granted based on the email provided on the CVOR record.The service will be available for use 24/7.There will be no fee associated with this service.
Please note that in order to access this service, your email address must be listed on the CVOR file. If you need to update the record or have any questions or comments regarding the service, please contact Client Services by email CVOR@ontario.ca or by phone 1-800-387-7736.
(TORONTO, May 18, 2021) — The Canadian Trucking Alliance (CTA) continues to work with the Canada Border Services Agency (CBSA) and the Public Health Agency of Canada (PHAC) to boost electronic uptake of ArriveCAN within the industry.
As CTA recently reported, electronic uptake of ArriveCAN by commercial truck drivers (via the app or webpage) crossing the border into Canada was about 12 percent. Recent data obtained from the CBSA shows a stagnation of these numbers, with the potential for regression if greater awareness and increased compliance with the requirement is not improved moving forward.
CTA is again reminding the trucking industry that the requirement to use ArriveCAN remains in effect for all border crossers. Truck drivers who do not comply with the mandate at Canadian ports of entry may be issued significant fines by PHAC or other law enforcement organizations who have the ability to enforce the Quarantine Act. The verbal declaration to a Border Services Officer is only a temporary measure to allow the trucking industry to transition to the electronic ArriveCAN platform.
ArriveCan data can be submitted 72 hours in advance of cross border travel, allowing for greater flexibility in meeting this requirement.
The Government of Canada has also stated its intent to align with the European Union and other nations on the use of digital proof of vaccination to allow greater mobility for international travellers, while ensuring public health remains the top priority. Although the use of ArriveCAN to digitally store and present proof of vaccination has been mentioned by federal officials, no formal announcement has been made yet regarding the use of “vaccine passports” or its potential implications on travellers, such as truck drivers.
In order to assist companies in training their drivers to use the ArriveCAN app, CTA created a training package in both official languages which includes a tutorial video, infographic on how to use the app, and FAQ document.
The Government of Canada continues to explore methods to ensure compliance with ArriveCAN remains as seamless as possible. CTA will continue to update members on any changes to this policy and any future requirements as the information becomes available.
What I will discuss in this article are three things I pay close attention to when reviewing the application of a new driver: convictions, CVSA performance, and PSP report information. While these are not the only items I consider when hiring, they are all related to each other and make for good topics for those hiring drivers and for drivers to see what carriers may be looking at when hiring.
Convictions
Convictions are traffic offences where a driver has been found guilty. These are different from charges. For example, if you are pulled over for speeding by a police officer and the officer writes you a ticket, the officer has charged you by writing the ticket. However, you are not convicted of that charge until you plead guilty.
Paying the fine means you have accepted and pleaded guilty to the charge, and at this point the charge becomes a conviction and appears on your abstract. If you choose to dispute the charge in court and it is dropped then you are not convicted of the charge.
A driver’s abstract shows convictions, not charges. Since a charge is a peace officer alleging that a driver has broken the law and the driver has the right to a fair trial, their abstract can’t show the incident until guilt has been proven. So if, when reviewing a driver’s abstract, you see convictions for a traffic violation, that means that the fine has been paid and the charge accepted.
While on its surface this implies that the driver has accepted guilt, we should not be so quick to judge. Many people do not understand the court system and their rights, and paying a ticket often seems simpler and easier than going through the process of disputing it – even if they believe they aren’t guilty.
There is always more to a story than what is written in the few lines dedicated to describing the event, so if you’re reviewing the abstract of a potential new hire and you see a traffic conviction, I believe it is best to dig a bit deeper and review the incident with the driver to get a fuller picture.
I am not saying that you should brush off convictions nor violate your policy or insurance company’s requirements for maximum numbers of demerits or convictions of a certain type. What I am saying is that a driver’s abstract is a starting point for a conversation with the individual about their safety and professionalism, and such a conversation is a good way to learn about the people you are considering hiring.
CVSA Performance
Besides convictions, a commercial driver’s abstract may also contain additional information about safety performance. In Alberta, for example, there is a section in a commercial abstract for roadside inspection information. This is provided by the CVSA (Commercial Vehicle Safety Alliance), an inter-jurisdictional organisation that sets standards for commercial vehicle enforcement officers in North America.
If a commercial driver has been subject to a roadside inspection by a commercial vehicle enforcement officer, this information can be reviewed on their commercial abstract. For each inspection event there will be information about what type of inspection was done (for example, it may say “Level 1 – Full” meaning a full inspection of the vehicle and driver documents was done).
After listing the type of inspection, results will be shown. If something like “No Violations” or “Passed” is recorded then the roadside inspection officer found nothing wrong. This is good: it means the driver has a demonstrated history of safety and compliance. So if you review an experienced driver’s abstract and there are multiple pages of clean inspections, this is a good indicator that this driver is a professional operator.
What if there are no CVSA inspections? Instead of brushing the driver off as inexperienced, you should look at their previous places of operation. For example, a truck driver who operates in the oil patch may go years without passing over a government scale or being selected for a CVSA roadside inspection, so a lack of inspection information does not equal an unsafe or inexperienced driver. Long-distance highway drivers typically have more interaction with CVSA officers as scales are most often located along highways, and so the abstracts of these drivers will usually show more inspection information than local or off-road drivers.
What about inspections that show violations? Like the conviction section above, dig deeper and look for patterns. Did all the failed inspections occur while the driver was employed with a certain carrier? Perhaps the driver was new and unaware of many regulations and a previous carrier did a poor job of getting appropriate permits or maintaining equipment. The driver is responsible for safe and legal compliance, but drivers at companies which provide adequate training and support have an advantage over drivers at companies with a poor attitude to safety.
Hiring a new driver means judging another human being; a decision should only be made after a thorough review of available information while adhering to internal safety policies, industry best practices, and – of course – legal requirements.
PSP Report Information
In the USA, the Federal Motor Carrier Safety Administration (FMCSA) has an optional program called the Pre-Employment Screening Program (PSP). The PSP provides 5 years of crash and 3 years of CVSA inspection information for all commercial drivers with a history of driving in the USA, and a carrier can request a PSP report for $10 USD for a prospective hire after obtaining written consent from the driver (see the FMCSA’s PSP website for more information about the program and record-keeping requirements).
A PSP report offers more insight into a driver’s history. Data transfer between Canada and the USA isn’t perfect, so a conviction or inspection in one country will not necessarily be detected in another. If you’re hiring a driver with a history of US commercial driving, pulling their PSP report can reveal additional information about their safety and professionalism. Even if you are hiring them for a Canadian-only position, it is always good to have more information about a possible future driver. Additionally, if they claim to never have driven commercially in the US, a PSP report can support that claim or, if it shows US driving information, show dishonesty.
Like I have mentioned in the sections on convictions and CVSA performance, use information in the PSP report to paint a better picture of your prospective hire. During your assessment, keep judgements in check before hearing what the driver has to say. Their explanation of events can speak to their levels of humility, acceptance of fault, and professionalism.
In conclusion, I hope that this article has been either illuminating or a good refresher for those hiring drivers, as well as being useful to drivers to see what sorts of information are considered by a carrier making a hiring decision. If I have given the impression that I am overly-dismissive of recorded safety violations or skeptical of government-provided commercial driver safety records, that was not at all my intention. These sources of information are extremely valuable and robust, and no violation is worth overlooking. But, it is a person being evaluated, and we owe our fellow citizens the respect and dignity of a full review and consideration and at a certain point in the hiring process, an opportunity to speak for themselves.
Dave Elniski
Dave Elniski is a Transportation Safety Professional you can reach him via email at dave.elniski@gmail.com or connect with him on LinkedIn
