With the news that carrier Marten Transport has been ordered to pay drivers over $150,000 in two separate refusal-to-drive cases over the last month, it is especially important that truckers know how to respond when a carrier, shipper, or receiver tells them to do something they’re not comfortable with. The new trucker coercion prevention rules make it easier than ever to report bad business practices – here’s how in 4 easy steps:
1) Determine If It Is Coercion
First, you need to determine if what you’ve experienced technically counts as driver coercion. Chances are, if you even have to ask, it does, but here’s how to know. According to the FMCSA, all of the following must have occurred for coercion to have existed:
- 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.
It is important to note that being too sick or tired to drive, though not violating hours of service, does create unsafe driving conditions, and so is a protected reason not to be driving.
Also, you don’t have to be threatened with termination in order for it to be coercion. If they threaten to limit your home time or miles, transfer you to a different region, dock your pay, or other negative actions in response to your refusal to drive an illegal or unsafe load, that all counts as coercion as well.
Finally, notice that if you don’t inform the perpetrator of the problem, it doesn’t count as coercion! If you tell them and they back off, that’s good and does not count as an instance of coercion, but you should document the incident for a possible later complaint. Which brings us to…
2) Document The Problem
Unfortunately, this very important step is often the most difficult. You should try and capture as much information as possible about the coercion attempts. The FMCSA recommends that you save text messages and emails from anyone trying to coerce you as well as noting the names of anyone who may have witnessed the coercion attempt.
Make note of when and where the attempts happen – the more information you can provide, the better. Even if it’s in person or over the phone with no record of what was said, make sure you write it down! Again, the more information the better!
3) File A Coercion Complaint With FMCSA
You can file a coercion complaint in writing and mail it in if you want, but the fastest and easiest way is to file a complaint online here. Click the “Truck Complaint” option above the picture of the tractor trailer, then select the “Coercion for Refusal to Commit Violation” checkbox, then click the blue “NEXT” button. This will bring you to the Incident Report form. Fill it out to the best of your ability, giving as much information as possible.
4) File A Whistleblower Complaint With OSHA
Finally, you should protect yourself by filing a whistleblower complaint with OSHA. You can file a complaint online, fax it in, mail it, or even call your local or regional OSHA office.
Federal regulations are in place for a reason! According to DOT Secretary Anthony Foxx, “this Rule enables us to take enforcement action against anyone in the transportation chain who knowingly and recklessly jeopardizes the safety of the driver and of the motoring public.”
Perpetrators of coercion will face fines of $16,000 per instance of coercion.
Source: overdrive, fmcsa, fmcsa, fmcsa, whistleblowers
when did this come into effect??I got fired for refusing to drive a few yrs ago..can i still file a complaint?they witheld 500 dollars from my pay as well for picking up the truck!!
It went into effect in January. Although it seems the judge in the Marten case made use of it, Marten will use that for reason to appeal.
Went in effect 1/29/2016. But the truck safty has been with osha for some time. But its to late for u to file now
About time…unfortunately decades too late for me…Ferrellgas fired me for writing up my truck in my daily vehicle inspection …as required by federal law…and I can’t count all the times that I was dispatched by the companies when I was over hours…
Does refusing to pickup a load because you are to sick to drive safely and being told by the company to plan on picking up the load and meeting another driver to swap trailers before I could go home to see my doctor fall under this rule?
Yes.
Quote: It is important to note that being too sick or tired to drive, though not violating hours of service, does create unsafe driving conditions, and so is a protected reason not to be driving.
Also, you don’t have to be threatened with termination in order for it to be coercion. If they threaten to limit your home time or miles, transfer you to a different region, dock your pay, or other negative actions in response to your refusal to drive an illegal or unsafe load, that all counts as coercion as well.
Only if you tell your company that you are also too sick to load and repower. At that point you need to arrange, with or without your employer’s help, a way to receive medical attention if needed. You can’t refuse to drive for them while using the truck to drive for yourself.
Keep in mind that too sick to drive means driving anywhere. Driving your truck to go home and see the doctor is still driving.
Yes and also this prohibits you driving home or the hospital as well. You must get a taxi or call 911 if it’s that bad, and if you are just ill but don’t require emergency attention, then you sleep in the truck or a hotel or home(if you’re already there). Basically you shouldn’t “operate” this means driving home too.
I filed and according to the way it is done u file on line with nation DOT data base and then you have to file in writing to the DOT in the state the company is out of and file with OSHA in writing. As i did file with nation data base. I was told by the state DOT that if i didnt have text or emails to prove i could still be fined. So really how is this protecting me. I am still going foward with it in a wing and a prayer. Good always triups over bad….
Does get screamed at over hours of service and told that I don’t know what I am doing. And told to call safety count. Was 15 hours into working at freymiller. Was doing an 8 and 2 rule under the elog. When I started moving. Recieved a message from d.m. telling me to call in. So I immediately called in to find out what they wanted. My dm immediately started screaming at me over h.o.s. telling me that I was driving illegally. And when I explained that I wasn’t doing anything wrong. Everything is fine. D.m. refused to believe me over a computer that wasn’t working right. And started screaming at me even harder. Telling me I didn’t know what I was doing. I have 14 years of experience. And 4 years experience with elog systems. Back to the details. And d.m. told me I had to talk to safety. Making me feel horrible. And made it too difficult for me to keep focused on my work. A few days later d.m. was upset and screamed at me for taking more then 34 hours on the reset. About an hour and a half over. I was sleeping. Ending results. I was forced to resign over being harrassed. They charged me back for Everything. Plus left me walking from oklahoma city with no way home. And then instead of putting my check in my account. They mailed a paper check to the house. And now I am unable to get work. I think they slandering me to other employers preventing me from getting work to pay the bills.
I and my team driver were being asked to drive a truck from Memphis,TN. to Colombus Ohio that had been jackknifed before being told to take a load.Both of us were let go by Forward Air Inc./Total Quality Inc. they made us pay for our own way back home and as of now both myself and team driver are still owed $400.00 in backwages too for that week.can I file and Sue them also for a bad report of poor performance when we were issued 2 different trucks within less then 30 days of being out of company orientation.
Do I have to have a Dr excuse if to sick to drive a cmv