what agency investigates possible COMPANY violations?

Discussion in 'Trucking Industry Regulations' started by jdc, Jul 8, 2009.

  1. jdc

    jdc Bobtail Member

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    Hi,

    I hope I'm in the right place, just joined these boards tonight. Everything I've read seems to be about truckers themselves violating the regulations which doesn't fit here.

    Some of the stuff my husband's company pulls really makes me wonder about them following some of the laws. They're a pretty good size company so I'm guessing they're finding ways of doing things just around the edges in the grey area, but I would really like to find out because what they do really hurts financially and in other ways.

    These are a few of the issues so that hopefully, someone can point me in the right legal direction to check further. I would really love some important agency (like the power of OSHA!) to investigate. One that could really make this company hurt for some of the crap they pull. I will explain a few of them so you have some idea of the problems which may help you send me to the right place.

    My husband drives for this company, he's not an owner operator.

    Like any company, they have a cutoff for turning in paperwork so the driver can get paid. If the driver doesn't turn in their paperwork, of course they don't get paid. So far all is understood and we don't have a problem w/that. However .... when the company keeps the driver out and doesn't route them to the yard or in any way allow them to get to one of only two locations they allow submission of paperwork from, the driver can't get their paperwork in on time and so they don't get a paycheck. We are not in a positition to go without weekly paychecks without some major consequences to US, not the company.

    The driver can opt to submit the paperwork via one of those trip-pack services that you can pick up at truck stops ... but it really fries the butt for a person to have to pay to get paid if you follow me. Husband tried it once, company would not reimburse the expense.

    Today was the real corker - husband advised his dispatcher for like the 10th time this run, one that he's been out 10 days on with no way to turn in his paperwork ... that he needed to get to a place he could turn in his paperwork. Dispatcher told him that him getting paid is his problem ... EXCUSE ME??????????????

    There are other out of pocket expenses he's been burned with, too. They don't reimburse if certain things are available to a driver in their yard. This is all fine and dandy, except how does the driver get the stuff from the yard when they are several states away when the need arises?

    They send out reminder notices regularly that all log books and trips should be run legally and turn around and load them on a run the driver can't possibly make legally or even close to legally. If he's takes it and gets stopped it's his butt. If he's late with the load it's his butt. If he refuses it because it's his butt either way, they leave him sit for days afterwards, like little children who don't get their way.

    Yes, he needs a new job ... but that ain't easy to do these days especially when he can't get home for interviews.

    So, what important agency do we go for help?

    Thanks

    jdc
     
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  3. DoubleDear

    DoubleDear Light Load Member

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    I thought you said he was an Owner Operator ,, In that case I need to remove my post.


    Your husband can fax over a copy of the paperwork from the shipper until he can get to mail it out.

    Who is your husband running for?



    Anyone getting paid by the miles, is not under the State dept of Labor. The Dept of Labor only acts upon the Hourly Wage workers., therefore there are no laws concerning a worker with paid mileage.
    Osha is for hazmat.., The Power of Trucking Companies ! Nothing has ever been done to correct them. They create their own laws and know how to get around the federal laws.
    I want a stick of dynamite., cause there is no one to protect the drivers.
     
    Last edited: Jul 8, 2009
  4. 112racing

    112racing Road Train Member

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    read the post he is a company driver
     
  5. DoubleDear

    DoubleDear Light Load Member

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    jdc., the best thing your husband can do, is talk with someone over and above the dispatcher. And explain his concerns.

    Most larger trucking companies have a Safety Dept. Talk with them and let them know that the logs will be written out according to the way he is being runned. Companies don't like that for the sake of being audited.
     
    simplyred1962 Thanks this.
  6. jdc

    jdc Bobtail Member

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    Jul 8, 2009
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    Yes, he's a company driver. He's talked to these people several times, they are the epitome of the "I don't care - you're a number not a person" companies. You get that with just about any company in any business, but these people pretty much take the cake. The safety guy is an absolute idiot. I used to drive myself and some of the things this place pulls (I only gave a sampling) are on the highest levels of stupidity and lack of caring. They take "everyone for themselves" to new heights. I had better not give the name of the company. I know OSHA wouldn't cover this, I was looking for an agency LIKE OSHA that does cover the trucking industry. If you find the dyno, I'll hold it while you light it <g> Double Dear!

    His dispatcher is the dispatcher from hell. He spends more time sitting wherever than driving. They left him sitting in OH for 4 days over the 4th when they could have got him back here. Another driver who lives about an hour from where he's at, offered him to stay w/him for the weekend and they wouldn't allow it due to the miles on the truck/fuel costs. People have complained about the dispatcher, nobody does a darn thing. Every driver b&^%$s about the dispatcher, too. I guess the other dispatchers are decent but this guy is a total whack job who does things his own way and not one supervisor steps on him.

    I'll nudge him on the logs thing. He's threatened to do it the way he's run but always backs down in the end.
     
  7. KeithT1967

    KeithT1967 Road Train Member

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    Stupid fat fingers hit the wrong key.... see below :)
     
  8. KeithT1967

    KeithT1967 Road Train Member

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    That lil quote would be reported to the owner directly. And would be my que to begin a little log with dates, times, voice if he's tech savvy at all, and build a database to turn in to whatever agency handles the Safety audits of trucking companies in your state. Sure it will bust your husband if he turns it in, but I wouldnt be surprised if the State wouldnt be very lenient on your hubby in exchange for the opportunity to fine the snot out of the company while suspending their operating authority. Just make sure he has another job before turning it in. If the state says a company did something the company must prove they didnt, the state doesnt have to prove a thing. ie. The state would have a witness, which puts the company in the position if having to absolutely disprove EVERY single claim your husband makes.

    And me personally, without a wife, no bills, and grown children... well.... people trip in dark parking lots sometimes. :biggrin_25525:
     
  9. Markk9

    Markk9 "On your mark"

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    One more OTR driver that did zero research on his career change, and the company he picked for employment.........................

    This is one of those get real questions! The company knows what they can legally do and not do, that is there life line. It will take a major change in rules to change trucking.

    Mark
     
  10. DoubleDear

    DoubleDear Light Load Member

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    You really don't know what the company is like until you get in with them.

    The only Laws that holds True, are equipment and hours of service laws , through the DOT.
    Other than that, there are no true laws that can hold a company liable if they want to charge a driver for something or how they operate. That's up to the company..

    Yes, you are an Employee, but you're not under the Labor Laws, being paid by Mileage or Percentage. That's why trucking companies can get over on drivers.
     
    simplyred1962 Thanks this.
  11. Markk9

    Markk9 "On your mark"

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    But how many give you the "suggestion" to fudge the log book? Most do, and most reward the drivers that will do.

    Mark
     
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