"Here's the thing that everyone, no matter the experience level, needs to keep in mind. When you are behind that wheel, you are in charge. You are the one who makes the calls. You are the one that determines when it is unsafe to drive. The FMCSA give you the legal right to make those calls."
where do I find such a statement to back up this statement of yours. I tried telling this to my trainer and he said unless I could show a clear guideline from the FMCSA that I was lying to him.
thanks in advance.
Help turbo please
Discussion in 'Trucking Industry Regulations' started by ProfessorSwift, Oct 19, 2006.
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When I was with a trainer, I had my logs checked by a DOT officer and I had a fourteen hour violation from the day before, he explained the deal to me and just advised me how it all worked. No ticket, but he was allowing for the fact that I was in training.
S.O. said that in that case he would have gotten the ticket. He says that THE ONE THAT GETS THE TICKET ON THE SPOT IS ALWAYS THE DRIVER. -
You cannot be required to operate a vehicle illegally. You are the only person who can refuse the load. If you are fired for refusing to perform an unsafe job, you are protected by OSHA. For a transportation job you are protected under the Surface Transportation Assistance Act (STAA) of 1982, section 405. Under section 405 an employer is prohibited from firing, demoting, or in any other way discriminating against an employee who: 1) Refuses to operate a vehicle, which fails to meet federal, state, or local safety regulations. 2) Reports a violation of vehicle safety requirements. 3) Reports that he or she has been exposed to significant hazards. 4) Testifies or otherwise participates in safety-related proceedings.
To be covered by STAA's whistleblower protections the worker must report the vehicle's condition to an employer, or DOT, or State or local police. If the worker violates safety regulations by driving the substandard vehicle, he or she is not protected by the law. You must also stay on the job until the problem is reported to the employer, walking off the job does not count. You must notify the employer when you stop work, not after the fact. Some of the common issues are: 1) Refusing to violate Hours of Service to complete a load. 2) Refusing to speed to complete a load. 3) Refusing to operate without proper placards for Hazmat loads. 4) Lack of safety inspections or uncorrected mechanical problems. 5) Lack of required safety equipment, including lights. (note: clearance lights don't count, only stop and turn) 6) Driver illness. An ill driver must present a valid reason (A specific condition like "I have a migraine headache that affects my driving") and the employer cannot demand that the ill driver operate a commercial vehicle. 7) Laws covering overweight vehicles, speeding, overlength, or overweight vehicles, including state and local laws.
If you have been fired or demoted due to refusal to operate an unsafe vehicle then you may be eligible for back wages and reinstatement. How to file: Contact your local OSHA office. Look in the phone book under United States Government - Department of Labor - Occupational Safety and Health Administration. Document the condition with copies of Vehicle Condition reports or bills of lading that show your case.
The above information is paraphrased from chapter 34 of Trucking: Tractor-Trailer Driver, 3rd edition by Alice Adams. I take no responsibility for mistakes or misrepresentations by the original author.
Show this to your boss, most empoyers are scared of OSHA.
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