Hazmat-Paid for your 30 break?

Discussion in 'Hazmat Trucking Forum' started by wingnut105, Jan 25, 2020.

  1. wingnut105

    wingnut105 Bobtail Member

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    Hey guys and gals. Ok, I’ve searched the hazmat threads and have not seen this topic. How many of you are paid for your DOT 30 minute break when running hazmat? Running fuel, I’m very limited in places I can actually leave the rig, basically the yard, truck stops and on customer locations. I’ve read as many things as I could find on the subject and while ‘FMCSA made things more clear by releasing guidance stating that drivers who must monitor hazardous materials, such as explosives, are partially exempted from the 30-minute rest requirement. These truck drivers still must take the break, but can do so while remaining on duty to protect their dangerous cargo’***,I’m trying to determine if I am supposed to be paid for this half hour. It may sound nit-picking, but the math shows it’s well over $3k/year for me. Let me know what you guys know, think and experience. Be safe!!

    ***Written by Steve Gursten Posted March 27th, 2014 What does the 30-minute rest break mean for hazmat drivers?
     
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  3. Mid-May Trucker

    Mid-May Trucker Road Train Member

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    Aren't explosives the only thing they needs be watched at all times.
     
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  4. ZVar

    ZVar Road Train Member

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    FMCSA doesn't regulate pay. Department of Labor has exempted truck drivers from almost all pay regulations.

    Basically what that means is it's up to company policy to pay or not.
     
  5. wingnut105

    wingnut105 Bobtail Member

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    Yes,——if the vehicle is not located on a public street or highway or on the shoulder of a public highway, then the vehicle need not be within 100 feet of the driver’s unobstructed view, unless it contains Division 1.1, 1.2,or 1.3 (Class A or B)materials.——But that’s pretty limiting to the yard, truck stops and customer locations.
     
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  6. MidwestGator

    MidwestGator Bobtail Member

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    CZar hit it on the head. We avoid getting into pay issues as much as possible unless it’s a case we can forward to a law enforcement agency. For example, a driver made a complaint on the nccdb about not being paid from a double broker and FMCSA was able to give the case to the fbi and turned it into a wire fraud case.

    Open a dialogue with your carrier safety manager and just be honest about how often you want to leave your truck but physically can’t. IMO, if you approach it differently you might get a side eye because it’s completely plausible for a driver to take the 30 out of the cab at an approved hazmat stop location.

    I’ll research this with our division hazmat lead next week and see if there’s been any specific case.
     
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  7. Oor

    Oor Road Train Member

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    They're just going to tell you it's rolled into the extra rate you get paid for doing that hazmat load in the first place.

    Now, if you want the headache of keeping track of which days you took a break and which days you didn't, I'm sure they'll be willing to cut your base pay.
     
  8. x1Heavy

    x1Heavy Road Train Member

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    We never got paid extra for hazmat. The load will just have to exist as it is within the very small amount of regulations pertaining to certain classes. If the driver must remain with vehicle? That limits the usual spots you can put certain HM loads. Since the tractor has everything you need on hand that should not be a problem.
     
  9. wingnut105

    wingnut105 Bobtail Member

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    Thanks to those offering real advice/help and nurtz to the rest. I’ve worked 4 different hazmat jobs in the oilfield and my current employer is the first to ever even mention not paying for the break. Was just asking about what I did not know. Be safe!!
     
  10. Mid-May Trucker

    Mid-May Trucker Road Train Member

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    So fuel is division 3 and 1.3?
     
  11. FozzyNOK

    FozzyNOK Road Train Member

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    If you're being compensated, you cannot be off duty...
     
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