can employer force me to log onduty when im offduty
Discussion in 'Experienced Truckers' Advice' started by bigsky_35, Oct 9, 2013.
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Exactly "not4hire"....never did i ask if i could log off duty..already know i can...all i asked was if company policy can override dot regs lol...and obviously nobody read the dot page i kept referring them too.
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Your right.
You didn't read his post.
He didn't say he was off the clock when he wasn't fueling trucks.
Let's look.
I work for a company that fuels frac sites in the oil/gas industry. I work for about an hour to an 1-1.5hrs at a time making a "round" fueling all the equipment on the site...then i retreat to a heated ice fishing shack and sleep on a cot for around 2 hrs(sometimes longer) before having to do another round..while in the shack my job responsibilities are basically done- im just waiting for my alarm clock or someone from the frac company to wake me..im basically on call if that. Im free to do whatever i want whether it be sleep,eat, use my laptop,etc..by my understanding i should be considered off duty...my employer insists i log the entire time as on duty because "its less work for me when i fill out my logs instead of constantly switching duty statuses"..ive concluded its just less work for the person who teviews our logs-which happens to be the front desk receptionist who has no cdl experience and minimal hos training...are they forcing me to falsify my logs to save their incompetent butts office work...we only have 15 drivers i could review all the daily logs in less than a half hour but guess its too much work....for thrm
He is basically on call but that's not quite true?
He didn't tell the whole story. He probably works a 12 hour shift I'm guessing.
To me, that means he is on duty while he is in the shack.
It's just like a firemans job. He is at the fire house not fighting a fire but he is still on duty until his shift is finished.
In this case the guy is on duty but he isn't working. He is waiting for the siren to go off.
He cannot go to California. He can't go to Paris France during this time.
His company is exactly right. He should not log off duty. He should be on duty not driving. -
bigsky_35 said: ↑You can be off duty and not have the ability to leave the site or facility you are located at...i could leave if i wanted to but it would be pointless anyway...kind of like stopping at a truck stop in middle of know where-have the ability to leave if you wish too but nowhere to go
.....at libery to do as you please-all i wanna do is sleep any chance i getClick to expand...Question 2: What conditions must be met for a Commercial Motor Vehicle (CMV) driver to record meal and other routine stops made during a tour of duty as off-duty time?
Guidance: Drivers may record meal and other routine stops, including a rest break of at least 30 minutes intended to satisfy 49 CFR 395.3(a)(3)(ii), as off-duty time provided:
1. The driver is relieved of all duty and responsibility for the care and custody of the vehicle, its accessories, and any cargo or passengers it may be carrying.
2. During the stop, and for the duration of the stop, the driver must be at liberty to pursue activities of his/her own choosing.
Through the revision of the regulatory guidance, FMCSA makes clear that the motor carrier need not provide formal guidance, either verbal or written, to drivers with regard to the specific times and locations where rest break may be taken. The revised guidance also emphasizes that periods of time during which the driver is free to stop working, and engage in activities of his/her choosing, may be recorded as off-duty time, irrespective of whether the driver has the means or opportunity to leave a particular facility or location. All previously issued guidance on this matter should be disregarded if inconsistent with todays notice.
[FR 78 41853, July 12, 2013]
http://www.fmcsa.dot.gov/rules-regu...fmcsr/fmcsrruletext.aspx?reg=395.2&guidence=YClick to expand..."You're", actually... and yes, I am.WildHog said: ↑Your right.Click to expand... -
The example you're using isn't the applicable one! ^That applies to routine stops during your driving day. \/ This one is for the oilfield waiting time exemption, which fuel trucks don't qualify to use. And even if you could get the DOT to buy that the top one is the correct one, your employer has to release you from responsibility for you to log it off duty, and I'm guessing they aren't releasing you and that's why they want it on duty.Question 2: What conditions must be met for a Commercial Motor Vehicle (CMV) driver to record meal and other routine stops made during a tour of duty as off-duty time?
Guidance: Drivers may record meal and other routine stops, including a rest break of at least 30 minutes intended to satisfy 49 CFR 395.3(a)(3)(ii), as off-duty time provided:
1. The driver is relieved of all duty and responsibility for the care and custody of the vehicle, its accessories, and any cargo or passengers it may be carrying.
2. During the stop, and for the duration of the stop, the driver must be at liberty to pursue activities of his/her own choosing.
Through the revision of the regulatory guidance, FMCSA makes clear that the motor carrier need not provide formal guidance, either verbal or written, to drivers with regard to the specific times and locations where rest break may be taken. The revised guidance also emphasizes that periods of time during which the driver is free to stop working, and engage in activities of his/her choosing, may be recorded as off-duty time, irrespective of whether the driver has the means or opportunity to leave a particular facility or location. All previously issued guidance on this matter should be disregarded if inconsistent with todays notice.
[FR 78 41853, July 12, 2013]
http://www.fmcsa.dot.gov/rules-regul...5.2&guidence=YClick to expand...
Examples of equipment that may qualify the operator/driver for the waiting time exception in Section 395.1(d)(2) are vehicles commonly known in oilfield operations as heavy-coil vehicles, missile trailers, nitrogen pumps, wire-line trucks, sand storage trailers, cement pumps, frac pumps, blenders, hydration pumps, and separators. This list should only be considered examples and not all-inclusive. Individual equipment must be evaluated against the criteria stated above: (1) Specially constructed for use at oil and gas well sites, and (2) for which the operators require extensive training in the operation of the complex equipment, in addition to driving the vehicle infrequently. Operators of CMVs that are used to transport supplies, equipment, and materials such as sand and water to and from the well sites do not qualify for the waiting time exception even if there have been some modifications to the vehicle to transport, load, or unload the materials, and the driver required some minimal additional training in the operation of the vehicle, such as running pumps or controlling the unloading and loading processes.Click to expand...
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