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Météo: Laval, 1er décembre 2008 / 4°C / Partiellement nuageux / Vents: 20 Km/h / Humidité relative: 81 %

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Courrier Laval Bilingual Edition

Laval guilty of breaking snow-removal safety rules

City slapped with $10,000 in fines

par Nathalie Villeneuve
Voir tous les articles de Nathalie Villeneuve
Article mis en ligne le 28 juillet 2008 à 10:26
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The new regulations governing hours of work and periods of rest of truck drivers does not reflect the realities faced by municipalities, according to the Union of Blue Collar Workers of Laval. (Photo: Martin Alarie)

City slapped with $10,000 in fines

For having violated regulations concerning the number of consecutive hours at work by operators of heavy trucks, during last winter's snow removal shifts, Ville de Laval was slapped with ten citations by the Société de l'assurance automobile du Québec (SAAQ).

That's what was revealed in a published report and front page story in this past Friday's edition of The Montreal Gazette. The Montreal daily obtained the incriminating information from the SAAQ through the Freedom of Information Act.

"It was following a complaint from a Laval employee that the SAAQ conducted an investigation at one of the city's six garages," serving the Laval-des-Rapides/Pont-Viau/Chomedey district, explains Ville de Laval spokesperson Marc Laforge.

According to the Gazette report, officers from Controle routier Quebec conducted an on-site investigation on the 10th and 21st of December, seizing payroll records, employee schedules, and driver logs.

The fines were levied in early July, at $700 each, plus $265 in court costs. The fines totaled $9,650. "We'll pay the fines," says Mr. Laforge.

Complicated regulations

This past winter's infractions were committed against the provisions of Law 430 (Law governing owners, promoters and drivers of heavy vehicles.) One of these provisions dealing with the work shifts and rest periods of heavy vehicle operators was amended in June of 2007.

According to the city spokesperson, the short period of transition (autumn of 2007) and the heavy snowfalls were major contributors to the infractions. The heavy snowfalls, which nearly doubled to 385 cm from the usual 200 cm annual average, were spread over nine major storms in 2007-2008.

"We experienced problems with the new computer programs for the coordination of working shifts. As well, we were negotiating a new collective agreement at the same time. Although the addition of 65 workers in November of 2007 was done on time, there were difficulties in the transition and that's what led to the infractions", explains Mr. Laforge.

While Montreal obtained a derogation from the SAAQ giving it permission to exceed the limit on work hours twice last winter, according to The Gazette, Laval was not given the same leeway, says Mr. Laforge. "We were only asking for a temporary derogation." It was not possible, before press time, for Courrier Laval to establish whether cities other than Laval were also fined for similar infractions.

Dispute

Since the implementation of the 2007 amendments to the law, several new constraints have complicated the process of assigning working shifts to blue collar workers who drive heavy vehicles. Problems arise in winter, particularly during snow removal operations. For example, it is prohibited for drivers to be at the wheel for more than 13 consecutive hours. The province has tightened regulations for the number of hours of rest for truck drivers. Working limits have also been substantially changed to give workers longer periods of consecutive hours of rest between shifts.

The perception at city hall, much like that at the Syndicat des cols bleus de Laval, is that the regulations are far from simple. "The law was passed to protect truck drivers on highways, following a major incident," says Francis Desjardins, vice-president for health and security for the blue collar union.

"The actual conditions do not reflect the realities faced by municipalities," he says. "Before Law 430, we were doing double and triple shifts and there were no major accidents."

The consequence: Laval is subcontracting more frequently, explains Mr. Desjardins. "We've been in litigation with the city for two years over this issue," says the union representative. "They are applying the law too rigidly."

According to the union's legal information, many vehicles such as 'caterpillars' and snow blowers are exempt from the law, but that doesn't stop the city from applying the law to these as well, says Mr. Desjardins.

Photo:AngSnow1.jpg

(Photo: Martin Alarie)

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