Need dot consultant? Dot advice

There are some Hazmat that can be hauled with food but there are some that can't also. Hazmat cannot be loaded on top of food in any circumstance.

 

Yeah , tell me about it . I renewed my hazmat certification (the certification requiring renewl every 3 years , not the endorsement renewal ) . I was glad they let me take the training at home on the computer . I had to take lot of notes on that loading stuff . I run tanker and never have to deal with that mixed load stuff .

 

Agreed, however, SMART carriers don't mix Hazmat with food, for 1,00000000 reasons. In my 30 plus yrs of experience as an inspector, while conducting a road side inspections, IT WAS A GUARANTEED ticket because, for lack of securing the hamat and or the food, the commodity would move around, i ask the driver to open the trailer and guess what??? Low and behold, the Hazmat fell on top of the food!!!!

But you are correct there are certain hazmats that can be hauled together WITH FOOD, PROVIDED THEY ARE SEGREGATED AND SECURED PROPERLY.

 

Trooper Dave, how are you, as an Ex-Safety Investigator, with 30 years of experience, what you have said is 100% true, however, with the NEW CSA 2010 regulations coming out in late 2010, which will encompass the entire trucking industry, it will change how drivers and motor carriers will be penalized, it will work individually and collectively in regard to all violations. What are your thoughts? Most Division Administrator's of FMCSA, dictate which violations of Inspection level the State Police will write or conduct, that varies from jurisdiction to jurisdiction.


I think it I know you are directed by the FMCSa's Division Administrator to

 

Unless you have solid, irrefutable, proof of their attempts to get you to run illegally, you're out of luck. And, even if you did have said proof, it likely wouldn't be worth your while to pursue. However, if they mess up your DAC you may be able to convince them that you do have said proof and you're willing to "go to the mat" if they don't leave you with a clean record. Be careful when discussing such things though, you do not want to extort the company into posting wrong information in your favour. Rather, you only want them to post what is correct, or nothing at all.

 

That is not true sir, as an ex-safety investigator a large portion of my time was spent investigating complaints by drivers, there is a website on FMCSA.com, there is a section to make COMPLAINTS. I would recommend, you document everything, time, date, location, dispatcher name, terminal, and submit that information, you we be covered under the Whistler Blower Protection Act. Drivers, you can not be forced to take a load if you are out of hours!!!

 

Like I said: proof (unless the company was dumb enough to actually document the issue themselves, in which case you're right). And since the driver has already been let go, I suspect he has very little to go on. If he does, all the better for him. All the company is likely going to do is say, "he was wrong, there is no substance."

Both your's and my posts highlight the same issue; drivers "rolling over" and doing whatever they are told, or not defending themselves properly. I always "get it in writing" when I have a concern.

 

Lost N found, in my investigations, I didn't always need hard proof from the driver or a motor carrier, based on complaints, we have conducted compliance reviews and guess what we have had drivers reinstated and motor carriers fined for huge hours of service violations. The worst thing you can do is just say the heck with it, it won't change. Tell those drivers to make the complaints!!! If you can prove through a compliance review that a carrier has a pattern of non-compliance with hours of service regulations all things are possible!!! That can be initialed based on a single complaint....

 

Didn't say smart carriers mix hazmat and food just simply stated that it could be hauled together legally because you originally stated that it could not. That is a common misconception among drivers as is the one I hear all the time that you can't haul Hazmat in a reefer. I just love that one.

 

Now there are quite a few kinds of hazmat you cannot haul in a reefer for one simple reason: securement. You can't nail boards in a reefer!. Most of the reefers werner runs don't even have e-trac or the ugly dots that you can hook straps onto..

That said, I also had a guy tell me about how they haul nitro glycerin, that they have to freeze it and haul it in a reefer so it dont blow up..hah, dont know if its true but it sounds reasonable....