Can a company make you sleep in a cold cab.
Discussion in 'Trucking Industry Regulations' started by redhart01, Mar 5, 2010.
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Good, there's a reference. All you have to do is meet all the requirements that they had to win. -
Try osha........................
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Try this link:
http://www.osha.gov/as/opa/worker/refuse.html
Workers > Imminent Danger:
Refusing to Work Because Conditions are Dangerous
When you believe working conditions are unsafe or unhealthful, you should call your employer's attention to the problem. If your employer does not correct the hazard or disagrees with you about the extent of the hazard, you also may file a complaint with OSHA.
Refusing to do a job because of potentially unsafe workplace conditions is not ordinarily an employee right under the OSH Act. (Your union contract or state law may, however, give you this right, but OSHA cannot enforce it.) Refusing to work may result in disciplinary action by the employer. However, employees do have the right to refuse to do a job if they believe in good faith that they are exposed to an imminent danger. "Good faith" means that even if an imminent danger is not found to exist, the worker had reasonable grounds to believe that it did exist.
But, as a general rule, you do not have the right to walk off the job because of unsafe conditions. If you do and your employer fires or disciplines you, OSHA may not be able to protect you. So, stay on the job until the problem can be resolved.
Your right to refuse to do a task is protected if all of the following conditions are met:
- Where possible, you have asked the employer to eliminate the danger, and the employer failed to do so; and
- You refused to work in "good faith." This means that you must genuinely believe that an imminent danger exists. Your refusal cannot be a disguised attempt to harass your employer or disrupt business; and
- A reasonable person would agree that there is a real danger of death or serious injury; and
- There isn't enough time, due to the urgency of the hazard, to get it corrected through regular enforcement channels, such as requesting an OSHA inspection.
- Ask your employer to correct the hazard;
- Ask your employer for other work;
- Tell your employer that you won't perform the work unless and until the hazard is corrected; and
- Remain at the worksite until ordered to leave by your employer.
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I can sort of dig where OP is coming from. I'm indebted to P.A.M. for a year starting whenever I finish with a trainer (if I ever go out with one that is).
I suspect they will be beaches about idling and such.
And I SERIOUSLY doubt I'll be making enough $ to take a motel room. -
The suit against GTI was for faulty bunk heaters that would not work above 5000 ft altitude and the engine idle was disabled and limited to 5 minutes run time. They paid a nominal fine and turned idle on untill a fix for the bunk heaters was completed. By the way, GTI allows idle in cold and hot temperatures if the truck is not equipped with an APU.
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I am fortunate that I work for a company that has APU's on the trucks. If I was in a situation where a company constantly screamed about idling when it's cold or hot outside my response to them would be simple.
"Ok you turn off the heat or ac at the office. When you do that, I'll stop idling the truck."
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