HOS Local Driver

For example:

• While traveling on public highways, the Department of Transportation (DOT) has jurisdiction. However, while loading and unloading trucks, OSHA regulations govern the safety and health of the workers and the responsibilities of employers to ensure their safety at the warehouse, at the dock, at the rig, at the construction site, at the airport terminal and in all places truckers go to deliver and pick up loads.
  
• While operating at an airport, if there is an operational plan negotiated between the carrier and the Federal Aviation Administration (FAA) that covers a working condition, then the FAA has jurisdiction.
  
• Due to the DOT brake regulation, OSHA does not cite for failure to chock trailer wheels if the vehicle is otherwise adequately secured. DOT's regulation preempts enforcement and DOT has jurisdiction. However, if the vehicle is an intrastate truck, OSHA has jurisdiction. Only another Federal agency may preempt OSHA's jurisdiction
  • Consult your Regional Area Office for additional assistance.

 

duplicate post

 

• OSHA doesn't have jurisdiction
• Safety requirements applicable to lunch and rest breaks during an employee's workday. (1986, January 24). Requires that those employed in driving commercial vehicles involved in interstate commerce follow Federal Motor Carrier Safety Administration (FMCSA) regulations on Hours of Service Regulations Final Rule (December 2011). A new Hours-of-Service (HOS) Final Rule was issued on December 22, 2011. The effective date of the Final Rule is February 27, 2012, and the compliance date of selected provisions is July 1, 2013.

 

thirdreef is going to be disappointed with this new news.

Your last sentence needs to be added to: Local drivers staying within the 100 air-mile radius are exempt from the 30-minute break as of Aug 2, 2013.

 

Most of the local law the police won't ticket you unless there is a attitude, but will inform you of them and tell you to conform to them . Like sleeping in your truck on the street is considered at some places as camping.But yes you need to know .. As ignorance doesn't hold up in court. 99% of the laws are all the same like driving while intoxicated. Every state has it but not all worded the same. Most of the laws are common sense. But like OSHA laws ,all of the places that you go deliver or pick up are up on them. All of the citations from OSHA won't go to the employee..except hard hats.. That one is all on you. But as an O/O you are a business. Or like having an oil spill.. The people that might get involved.. EPA , if near a stream Fish and Game depending on the size of it.. All different laws.. But means the same.. But every company as in O/O to a company with 10.000 trucks are covered under these laws. Orrrr you know how they got Al Capane? Tax evasion.. Another law but most of us have tax people that get us out of that. Even parking your truck at your house there are zoning laws.. Laws,laws,laws.. And they can all come with a fine. Enjoy taking your pet with you and he needs to go pee? Some places have leash laws.. Or California with the 53 ft law with the rear axle is no more than 40 ft center of rear axle to center of king pin, or now CARB laws.with the fairings, engine requirements etc. or like New Jersey .. You have an O/d load. On the turnpike.. You will be given your ticket.. And where you get off you will pay for your toll.. Then pulled over for being on the toll road. All different laws that you need to know.. They have volumes of it besides the green FMCSA book. That is just a starting point.

 

Nice try at obfuscation but none of this has anything to do with your original assertion that a 30-minute break is required after 4 hours for a local driver. You were wrong.

Here's your post in case you forgo talready:

http://www.thetruckersreport.com/tr...ns/214539-hos-local-driver-3.html#post3641746

 

Really? Then why when you on a job site to deliver do you have to wear a hard hat? OSHA.. Or when you have to tarp a load most places will have a load rack that keeps you from falling OSHA, or requiring long pants and enclosed shoes or boots. OSHA.. Go ahead and don't do what the shipper or receiver wants as far as PPE. You will be told to not come back.. OSHA. Because if that little car or jeep drives up with that government plate and sees you. I guarantee somebody will be fined. Don't think so.. Try it. OSHA covers ALL employment.

 

Here's one for the OSHA expert: What's their opinion on wheelchocks at a dock with a mechanical dock lock?

 

Whether interstate or intra state loading and unloading will be covered under OSHA. Your shipper or receiver will turn you away if your violating laws like if you show up with sandals ,loose clothing, some places hard hats, safety glasses and orange vests. Driving down the road DOT and the police have you. At the airports we also have DHS along with the FAA regulations. Go to a quarry hot plant where ever is covered under MSHA. If a truck walks away from the dock and the forklift driver is hurt or killed they will investigate. Any equipment violation on the truck is on the DOT and the police, as a lot of equipment violations are also vehicle code violations. Some states don't want to be involved.. Then they have some real small towns with their own commercial cop.. It's all about safety, some laws can go into other authority's laws, and then there is the money. And every one of them that can will have their hands out wanting money.

 

OSHA regulations govern the safety and health of the workers and the responsibilities of employers to ensure their safety at the warehouse, dock, construction site, and in other places truckers go to deliver and pick up loads throughout the country. While OSHA does not regulate self-employed truckers, it does regulate workplaces to which the truckers deliver goods and the workers which receive those goods.

FYI, the source I'm using for my information is: https://www.osha.gov/SLTC/trucking_industry/