DOT regulation extended time off

Forgot about that, actually. That's what I get for focusing on "Is the JOB DOT regulated" vs. "Is the WORKER DOT regulated"...

 

Sorry but that's not all true.

Tracking is the time clock, nothing else. The duties of the individual once relieved of driving duties doesn't matter what, the amount of hours worked matter with some catches.

If I am going to drive the next day, I could be limited to 14 hours of work and a ten hour break, if I am not going to drive the next day, I am not held to these two limits.

Then we have the issue of HOS itself, if I have to log for the day, but I only drive say for 8 hours and then work in a shop for another 4 hours, the above rule comes in top play but I can log off duty since I am relieved of driving duties AND again if I am going to drive the next day, I have to have a ten hour break.

However there is a catch to all of this, the ten hour break matters more than the 14 hours of total work time. I can work 20 hours after driving for 11 hours (total not logged) but before I work any more the next day, I have to have that ten hours off.

Before anyone says that I'm wrong, I worked for three years as a temp driver and sometimes worked in the shops. This was the rules the company got DIRECTLY from the FMCSA and the state police, the state police came in and lectured us about HOS and the air mile exemption. The company I worked for was really careful because we would have drivers like me who would have to customers drive for in a single day and may be as many as 7 or 9 in a week, so many had to know what was what and why to deal with the customers.

 

@Ridgeline ... so what's your take on the O/P's question ???? Both you and N4H know the regs better than I, I've not been OTR in quite some years; a bit rusty. The O/P's original question is what has us all hemmed up.

 

It must be a company policy, that may also be dictated by their insurance company. I worked for a company many years ago where a muscle in my calf tore bad enough I was off 2 months learning to walk without it. They denied it as a workers comp injury, (and the lawyer fought in court as well). The only stipulation the company had for me to return to work was a release from the doctor who was treating me, and a whiz test to verify that any pain meds that are on the DOT's list were out of my system...not physical, not letter of explanation for a gap in logged miles. I think the only issue anyone might think the DOT would have is if they showed it as a gap in employment. As long as they show you employed, there shouldn't be an issue. The same company that I worked for with my leg issue had several drivers who took 1 or 2 months off and flew to other countries to visit their spouses family every year...they just had to empty their truck out and get a different one issued when they came back to work.

 

Regulations Section

Question 3: Is a pre-employment controlled substances test required if a driver returns to a previous employer after his/her employment had been terminated?

Guidance: Yes. A controlled substances test must be administered any time employment has been terminated for more than 30 days and the exceptions under §382.301(c) were not met.

Question 4: Must all drivers who do not work for an extended period of time (such as layoffs over the winter or summer months) be pre-employment drug tested each season when they return to work?

Guidance: If the driver is considered to be an employee of the company during the extended (layoff) period, a pre-employment test would not be required so long as the driver has been included in the company’s random testing program during the layoff period. However, if the driver was not considered to be an employee of the company at any point during the layoff period, or was not covered by a program, or was not covered for more than 30 days, then a pre-employment test would be required

 

Things starts getting compicated when they either keep you on random drug test or not.

if they take you off ramdom for more then 30 days then you must do a pre hire drug test when you come back.

If they kept you on random and you were not available when selected for a random drug test then things may get complicated for the company.

the company will have to explain on paper why you did not take a random drug test.

 

So basically, the O/P is good to go, as long as he gets p'tested before returning to "continued employment?" That should be a no'brainer, anyway.

 

Company trying to be cheap and save money.

 

YW, man.. and yeah.. I bet you are right.... those pen pushers think "their" policies are all federal, LoL. Best of luck to ya, enjoy your 4 weeks or so, and keep us posted.
I could care less about those p'tests... my small company almost always does a random after a major (read: 4th of July) party type holiday. If you're good, you're good....ya know?

Best wishes; stay safe!