Posted by CDL Life. I'm crossposting it here because it is worth saving.
Here is the text from article --
The FMCSA coercion rule goes into effect today. The rule was established to prevent or punish shippers, carriers, receivers, and brokers from requesting that a driver violate trucking laws, intimidating drivers or threatening drivers who are unwilling to violate trucking laws.
According to the FMCSA, “coercion occurs when a motor carrier, shipper, receiver, or transportation intermediary threatens to withhold work from, take employment action against, or punish a driver for refusing to operate in violation of certain provisions of the Federal Motor Carrier Safety Regulations (FMCSRs), Hazardous Materials Regulations (HMRs) and the Federal Motor Carrier Commercial Regulations (FMCCRs).”
The following must have occurred in order for coercion to have existed:
FROM FMCSA:
- A motor carrier, shipper, receiver, or transportation intermediary request a driver to perform a task that would result in the driver violating certain provisions of the FMCSRs, HMRs, or the FMCCRs;
- The driver informs the motor carrier, shipper, receiver, or transportation intermediary of the violation that would occur if the task is performed, such as driving over the hours of service limits or creating unsafe driving conditions; and
- The motor carrier shipper, receiver, or transportation intermediary make a threat or take action against the driver’s employment or work opportunities to get the driver to take the load despite the regulatory violation that would occur.
To address the problem of coercion, the Federal Motor Carrier Safety Administration (FMCSA) adopted the Prohibiting Coercion of Commercial Motor Vehicle Drivers (Coercion Rule). The Coercion Rule explicitly prohibits motor carriers, shippers, receivers and transportation intermediaries from coercing drivers to operate in violation of certain FMCSA regulations, including the drivers’ hours-of-service limits, the commercial driver’s license (CDL) regulations, the associated drug and alcohol testing rules, HMRs, and some of the FMCCRs. The Coercion Rule allows drivers to report incidents of coercion to FMCSA and authorizes FMCSA to issue penalties against motor carriers, shippers, receivers, or transportation intermediaries that have coerced drivers.
The Coercion Rule takes effect on January 29, 2016, at that time the FMCSA will start accepting coercion complaints from drivers.
Coercion complaints must be filed within 90 days of the alleged coercion action.
When filing your complaint, please include as much supporting information as you have, such as:
To file a complaint with FMCSA drivers may contact the Division Office located in the state where the complainant is employed or the National Consumer Complaint Database.
- Text messages or email exchanges between parties showing coercion attempts by a motor carrier, shipper, receiver, or transportation intermediary, as well as your responses; and
- Names of anyone who may witnessed the coercion attempt.
Drivers have the right to question the safety practices of their employer without the risk of losing their job or being subject to retaliation for stating a safety concern. The Occupational Safety and Health Administration’s whistleblower statutes protect drivers from retaliation. Click here to file a whistleblower complaint with OSHA.
– See more at: https://www.fmcsa.dot.gov/safety/coercion
FMCSA Coercion Rule Goes Into Effect Today
Discussion in 'Trucking Industry Regulations' started by Criminey Jade, Jan 30, 2016.
Page 1 of 3
-
dca, Canned Spam, 123456 and 1 other person Thank this.
-
Trucking Jobs in 30 seconds
Every month 400 people find a job with the help of TruckersReport.
-
Usually I'm the one coersioning my own self.
-
Good info,
thanks -
Does this new rule make it illegal for shippers and receivers who keep you beyond your hours from telling you that you have to leave and they don't care if your violating your HOS
sdpetheram, sevenmph, tow614 and 2 others Thank this. -
Thank you Criminey Jade Another path for the lawyers to get rich, costs to be driven up,etc.
-
It's nothing but more feel good legislation.
-
-
If the numbnuts at FMCSA actually enforce it, which I doubt. This is the same agency that gives the green light to CRST and CR England to make their already worthless trainees even more unsafe.
-
This is a tool for drivers to use. Use it to your advantage. For example, say you inform your dispatcher that you can't accept the load you're offered because you can't meet the delivery appointment due to one of the qualifying reasons. Your dispatcher agrees, and tells you that it's ok to miss the appointment time, as long as you deliver as soon as you safely can afterward. Then when you get to the receiver, you find that you will have to wait until the next day due to missing the appointment. If this particular incident ends up negatively affecting your pay, then you might have a case for coercion.
Thoughts? -
Canned Spam Thanks this.
Trucking Jobs in 30 seconds
Every month 400 people find a job with the help of TruckersReport.
Page 1 of 3