DOT regulation extended time off

I was going g to say the random drug test thing might be the company policy. They have to pay for it and your in the pool to get checked even if your not working. You also have workers comp insurance and Heath insurance the company is paying part of also.

 

Not necessarily on the insurance..... did the O/P state he was W2 or 1099? I forgot to ask, bad me.

 

Yes, actually it is true. As per fmcsa 395.2 On-Duty definition
If you are working for a motor carrier:
(1) All time at a plant, terminal, facility, or other property of a motor carrier or shipper, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier;
(2) All time inspecting, servicing, or conditioning any commercial motor vehicle at any time;
(8) Performing any other work in the capacity, employ, or service of, a motor carrier; and

And if not:
(9) Performing any compensated work for a person who is not a motor carrier.

See above, you cannot log off duty if you meet the criteria, which you did. And of course, even if you don't drive for several days, all that time has to be on-duty (not driving) and eats up the 70 hour clock.

Now that all said, I don't know how log ago you talked to the state trooper, so laws might have changed. If it was recent, the state trooper was wrong.

 

I'm even more confused, but thank you. If the guy takes 4 weeks (plus?) off..... and doesn't set foot in the facility (unless they MAKE him.... for "their" reasons...) then what?
I'm understanding that if he is TOTALLY off work (of any kind) .. then he shall be okay?

 

There is the one regulation another posted about the 30 days for randoms. I'd say if the company keeps him "employed" and pays insurance, keep him in the random pool, and all that fun stuff he is still able to be employed.
Likely the op's company is reading that is they have to fire you, as they don't want to keep paying all those admin fees to keep the employee on the books. That or "standard procedure" is to pull drivers out of the random pool so they don't have to deal with it once an employee takes a leave. At least that's my reading of the op's problem.

 

You are probably correct. If he's subject to randoms, and is available, why the dismissal, tho?

 

Sorry about that, I thought I added that in at the beginning of my post.

The company is full of ****.

There is no regulation that covers the absence of a driver from the road, if this was the case then many cdl holders would not be hirable. In addition to that, if they terminate him, he may also apply for unemployment and possibly file a complaint with the state.

So again we have a company making up crap to cover their butts, get it in writing that is their position if posstble and then I would recommend just finding another company to work for, no need to give notice just leave, and remember that if it doesn't work out, file for unemployment using that document that they essentially fired you or forced you to look for another employer.