Written up for refusing to drive tired

Discussion in 'Trucking Industry Regulations' started by Stayfrosty, Mar 30, 2023.

  1. Stayfrosty

    Stayfrosty Bobtail Member

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    OK so I am new and this is my first post so hello:) I drive logs for a company that rhymes with k c gunt, home daily. Over the road 1 year previously with a fantastic little no name mom and pop that went out of business.

    So anyways, I been here about 8 weeks now, 2 weeks of training. Was let known in my interview we are expected to work 10 to 14hrs a day. OK cool that's what I been doing past 8 weeks. Today they put me on a route that was a good bit of driving. I dropped off my 2nd load of trees 1h45min from cutsite at 1515, done 311 miles so far (it's 1.5h away from where I started at 0600) but I decided I was going to call it a day because 1 due to cutsite and mill times it would probably put me over 14, and 2 I was dog ### tired already having worked late the previous days this week and knew my final 1.5hr drive would be super rough and dark I would run risk of falling asleep at wheel. Well when I told them this, they told me it's a load refusal and are giving me a write up if i did not take the load. I still didn't and they said get my write up in the morning before dispatch.
    More things they told me was I can't be tired because I got a 10 hour yesterday even though I was out late and ran 400 miles. They also said I can't be tired because I have had some early days recently (2, one because truck broke down and the other because the loader said he had no more for the day both not my fault) he also explained how it's losing the company money and i cant deadhead like that because it costs them (it was a 24 mile deadhead) and Yada Yada. Then he told me "that fatigue stuff might work on someone else but not an experienced manager like me". He's 25 to 28
    For the record I have never claimed fatigue before and almost always work 11 to 14hrs unless it's out of my control, otherwise I make no money.
    I got this nagging feeling they are going to screw me somehow now, or otherwise nit pick and find a reason to fire me. Wondering what I should do next. Report to safety? Report to fmcsa or another higher authority? Or let it go altogether and see what happens? Again for the record I'm not a lazy Dbag tryna claim fatigue I never have but today man no way I could do that long drive back in the dark already tired. Most days yeah whatever but today not feeling good idk what's up.
     
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  3. nredfor88

    nredfor88 Road Train Member

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    Was your conversation by phone? It sounds like it based on the response of your dispatcher.

    If so, that was a mistake. If you had put that communication over the elog or text messaging, you would likely have had a very different response.

    As for the driving tired. Don't do it, you know if you can drive or not. All truck drivers drive a bit tired sometimes, but that is different than being TOO tired to drive. Stop when you need to stop. If they don't like it get another job.
     
  4. Opus

    Opus Road Train Member

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    It's your truck, it's your decision.
    I'd be on the phone to safety in the morning
     
  5. Stayfrosty

    Stayfrosty Bobtail Member

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    Yeah it was on the phone BUT at end of day we send a pic of our time sheet which has time in and out mills and sites, at the bottom I wrote "EOD @1600 due to driver fatigue and risk of running past hours" cus I thought of that after the fact no record of that convo but it will be on that paper they store and I have a pic as well
     
  6. kemosabi49

    kemosabi49 Trucker Forum STAFF Staff Member

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    telling you to continue to drive after you told them you are fatigued is illegal. Companies will keep write ups in your file and will use them for future disciplinary actions up to and including termination. So it is important to document everything- who you talked to and when, and what was said. Keep a little notebook and write this stuff down as soon as you can while the conversations are fresh in your memory.
    I would mention to them that you cannot legally drive when fatigued and if they push it there is a FMCSA hotline where they will listen to your complaint:
    Report Safety Violations | FMCSA

    Call 1-888-DOT-SAFT (368-7238) from 8am‒8pm, Mon‒Fri EST
     
  7. Stayfrosty

    Stayfrosty Bobtail Member

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    OK I will make some notes now, good idea. Thank you!
     
  8. Banker

    Banker Road Train Member

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    The law is on your side, but it is highly unlikely you will win against JB Hunt or any other large company. If they act like this you probably should just move on. If you were in a union job you would have a much better chance, but the freight still has to go in the companies mind. Years ago I used the fatigue excuse one morning when I was actually fatigued after a 12 hour night shift. I wouldn’t do a trailer swap out at 9 am because I was exhausted and the dispatcher tried to berate me. When I went home I printed the FMCSA rules regarding an employer coercing a fatigued driver. The next day I laid it on the dispatcher’s desk and walked away. I was Union and this probably won’t work in your case. A non union employee you are generally an at will employee and they can get rid of you any time for absolutely no reason. It isn’t right but they can do it. 09706970-67C8-4CE6-818A-C49D8EF4F0A1.png
     
  9. AModelCat

    AModelCat Road Train Member

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    Megas are hauling logs now?
     
  10. Stayfrosty

    Stayfrosty Bobtail Member

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    Sigh yeah finding a better gig may be my best option here. This aside I don't want to work somewhere toxic anyways.
     
  11. Banker

    Banker Road Train Member

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    It is doubtful you will be successful, but you could voice your concerns to safety. Worst thing they can do is fire you, but if you drive tired you could end up killing somebody winding up in prison.
     
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