UNREIN V. OHSA/Oregon
From a case started in 2011, finally conclude's, with the lady driver winning for her refusal to drive vehicle with insufficient tire treads!! was fired for refusing to drive the truck, and she didnt even have a "FLAT TIRE"?? VERY INTERESTING? Unlike another case where the driver, after admonishing the OWNER's. that truck's tire's didnt meet DOT spec's, on 3 different occasion's, finally concluding with a "FLAT TIRE", incident outside of Flagstaff,Az.,where driver safely got rig off the Hwy(I-40), found tire repair shop, had mobile serviceman, sent to the rescue!!, where the Owner declined ,stating he had found a "CHEAPER USED TIRE", DOWN THE HWY, AND TO PUT THE RIG BACK ON THE INTERSTATE,W/O FIXING THE FLAT TIRE FIRST". When owner was questioned about the flat tire, being put back on the road,"he simply", stated-"LET IT FALL OFF"?? with complete disregard of PUBLIC SAFETY?.So would this Driver be wroung for quitting, right there and then? Truck Abandonment BE ######!!, common sense and a reasonable mind would deligate a quick recusal of one's self, and belonging's from the truck. Inform shipper,of owner's neglect to keep there PROPERTY SAFE WHILE IN TRANSIT, LEAVE RIG IN SAFE PLACE,AND TELL THE DUMB ----, YOU ARE NO LONGER IN POSSESSION OF THE "ILLEGALLY EQUIPPED RIG, AND TAKE YOURSELF HOME??? PUTTING THE PUBLIC IN HARM'S WAY TOTALLY OUT WEIGH'S ANY PRECLUDED "HORROR'S" OF WALKING AWAY FROM THE TRUCK,AFTER MAKING, 3 ATTEMPT'S TO REMEDY THE PROLEM, IT WAS CLEAR,THAT NOTHING WAS GOING TO GET BETTER, TRUCK STILL HAD 4 BAD TIRE'S TO GO, BEFORE MIGHT BE SAFE TO DRIVE?? /// SO WHAT WOULD YOU HAVE DONE???
FLASH!! LADY DRIVER WINS / under STAA@31105 /Refused to drive Rig w/ bad tires
Discussion in 'Report A BAD Trucking Company Here' started by DangerousDan, Sep 7, 2014.
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Been in a similar situation with another company,wonder if this company is any relation to who I drove for or the same company.We need more drivers that refuse to drive due to unsafe equipment or it doesn't meet DOT standards.I did sue the company I drove for wrongful termination.Sad thing is companies like this don't care and never will and FMCSA lets that company continue to operate unsafely.So we know the laws and fines are mostly about revenue.FMCSA knows how I feel about how they do business too.I didn't sue my company for money but for satisfaction and for the other drivers at this company.Everyone of those drivers I spoke with was on my side and offered to be a witness including a dispatcher and 2 of the mechanics.
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ONE FOR THE GOOD GUYS!!!!! Everybody should do this and the roads and motoring public and drivers would all be better for it
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Here is the ruling by the Dept of Labor and OSHA
http://www.translaw.org/Documents/News Items/OSHA Oregon Aug. 2014.pdf -
It also looks like the company owner tried to use the "but she was a contract (1099) driver therefore she wasn't an employee" excuse. This doesn't work.
I have just successfully sued a former employer who owed me back pay, through the state dept of labor. Because I was paid on a 1099 didn't matter to the state, they determined that legally I was not a contractor but an employer. Just wait until I finally do my taxes. I'm going to also do an amended return for 2012, filing as an employee and not a contractor, because of what my state determined.
The time for illegal hiring practices and employee abuse are coming to an end.
If it's true that there is a capacity shortage, which I believe there is, and rates are going to continue to go up, brokers and 3PLs as well as shippers are going to start demanding much better service, if they have to pay more to ship their goods. They aren't going to pay the $2.50-$3.50/mi dry van rates to carriers who have trucks falling apart and drivers who look like they just came out of the sewer.semi retired semi driver and hal380 Thank this. -
hal380 and semi retired semi driver Thank this.
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Caps button is vibrating again.
Lonesome Thanks this. -
In the past, I've contracted with Gulick Trucking to move a trailer from North West to Utah; inspected the trailer & found defects, issue were resolved before i left that facility. (u gotta remain vigilant)
Myself, i will walk away from a job, if equipment is not brought into focus, at the time while im promoting the issue...we can pickup freight later. i.e. Take an expired annual inspection decal, we fix it now before we do anything.) -
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