Judgment call

Indeed. As of January 29th of this year it is ILLEGAL for any SHIPPER,RECEIVER/CONSIGNEE or TRANSPORTATION CARRIER to try to force a driver to drive against his/her will-especially if it involves VIOLATING THE FEDERAL HOURS OF SERVICE RULES ( that issue gets D.O.T. more P.O.'d more than anything else).

 

Not only is do we have a right to our safety, it is our responsibility to others on the highway
Not to mention taking care of that cdl
Ask yourself this " how much $ am I going to make at 35 mph"?
Not to mention the risk of whatever could happen that could make the driver un hirable a jack knive will not look good when you are looking for a job because of the jack knive.... It's a catch 22 for the drivers but I would bring their equipment back and quit or be fired rather than screw myself up even worse having that mess on my lively hood

 

Good point Superflow. If your company pushes you, and you jack knife , not only will most companies not hire you, the one that pushed you to drive will probably fire you!

 

I'm not risking my life or my good record for anyone. They can fire me if they don't like it, I have $ put away and jobs are everywhere

 

''
I agree but, you know the big fly in the ointment is that is illegal to record calls in many states. While you might or might not be prosecuted, the call cannot be used as evidence. And you know if the other party agreed to the recording the same crap would not come out of their mouths.

There is always an issue with these driver protection, whistle blower laws, otherwise they would not be passed.

 

Did you think about working for Swift, Werner, CR England, Western Express, Knight, .... Adding getting fired from those outfits would certainly complete that resume. Note, I am not making fun of you, those outfits deserve to loose as many drivers as possible, but I would love to see the recruiter look at the app. or DAC that listed being fired from all those places. It kind of sends a message.

 

I found out that you can quit a job because of safety issues and file for unemployment, you need your ducks in a row and better have proof of it. I am doing it now, I am in the waiting process right now and hope it will go through.

 

FMCSA’s Final Rule Prohibits Coercion, Protects Commercial Truck and Bus Drivers From Being Forced to Violate Safety Regulations
November 27, 2015


WASHINGTON – The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) today announced the publication in the Federal Register of a Final Rule to help further safeguard commercial truck and bus drivers from being compelled to violate federal safety regulations. The Rule provides FMCSA with the authority to take enforcement action not only against motor carriers, but also against shippers, receivers, and transportation intermediaries.

“Our nation relies on millions of commercial vehicle drivers to move people and freight, and we must do everything we can to ensure that they are able to operate safely,” said U.S. Transportation Secretary Anthony Foxx. “This Rule enables us to take enforcement action against anyone in the transportation chain who knowingly and recklessly jeopardizes the safety of the driver and of the motoring public.”

The Final Rule addresses three key areas concerning driver coercion: procedures for commercial truck and bus drivers to report incidents of coercion to the FMCSA, steps the agency could take when responding to such allegations, and penalties that may be imposed on entities found to have coerced drivers.

“Any time a motor carrier, shipper, receiver, freight-forwarder, or broker demands that a schedule be met, one that the driver says would be impossible without violating hours-of-service restrictions or other safety regulations, that is coercion,” said FMCSA Acting Administrator Scott Darling. “No commercial driver should ever feel compelled to bypass important federal safety regulations and potentially endanger the lives of all travelers on the road.”

In formulating this Rule, the agency heard from commercial drivers who reported being pressured to violate federal safety regulations with implicit or explicit threats of job termination, denial of subsequent trips or loads, reduced pay, forfeiture of favorable work hours or transportation jobs, or other direct retaliations.

Some of the FMCSA regulations drivers reported being coerced into violating included: hours-of-service limitations designed to prevent fatigued driving, commercial driver’s license (CDL) requirements, drug and alcohol testing, the transportation of hazardous materials, and commercial regulations applicable to, among others, interstate household goods movers and passenger carriers.

Commercial truck and bus drivers have had whistle-blower protection through the Department of Labor’s Occupational Safety and Health Administration (OSHA) since 1982, when the Surface Transportation Assistance Act (STAA) was adopted. The STAA and OSHA regulations protect drivers and other individuals working for commercial motor carriers from retaliation for reporting or engaging in activities related to certain commercial motor vehicle safety, health, or security conditions. STAA provides whistleblower protection for drivers who report coercion complaints under this Final Rule and are then retaliated against by their employer.

In June 2014, FMCSA and OSHA signed a Memorandum of Understanding to strengthen the coordination and cooperation between the agencies regarding the anti-retaliation provision of the STAA. The Memorandum allows for the exchange of safety, coercion, and retaliation allegations, when received by one agency, that fall under the authority of the other.

For more information on what constitutes coercion and how to submit a complaint to FMCSA, see: www.fmcsa.dot.gov/safety/coercion. Please note: the Final Rule takes effect 60 days following its publication in the Federal Register.

This rulemaking was authorized by Section 32911 of the Moving Ahead for Progress in the 21st Century Act (MAP-21) and the Motor Carrier Safety Act of 1984 (MCSA), as amended.

For a copy of today’s Federal Register announcement, see: www.federalregister.gov/articles/2015/11/30/2015-30237/prohibiting-coercion-of-commercial-motor-vehicle-drivers.

* * *

The public, commercial drivers, motor carriers, and other industry members may file a safety, service, or discrimination complaint against a household goods moving company, bus, or truck company, including hazardous materials hauler or a cargo tank facility, by calling toll free 1-888-DOT-SAFT (1-888-368-7238) from 9:00 a.m. to 7:00 p.m., Monday through Friday, Eastern Time. Complaints may also be submitted through FMCSA’s National Consumer Complaint website at: http://nccdb.fmcsa.dot.gov.

FMCSA was established as a separate administration within the U.S. Department of Transportation on January 1, 2000, pursuant to the Motor Carrier Safety Improvement Act of 1999. Its primary mission is to reduce crashes, injuries, and fatalities involving large trucks and buses. For more information on FMCSA’s safety programs and activities, visit: http://www.fmcsa.dot.gov.

OSHA enforces the whistleblower provisions of the Occupational Safety and Health Act and 21 other statutes protecting employees who report violations of various workplace, commercial motor vehicle, airline, nuclear, pipeline, environmental, railroad, public transportation, maritime, consumer product, motor vehicle safety, health care reform, corporate securities, food safety, and consumer financial reform regulations. Additional information is available at: http://www.whistleblowers.gov.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education, and assistance. For more information, visit: http://www.osha.gov.


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Updated: Friday, November 27, 2015
- See more at: https://www.fmcsa.dot.gov/newsroom/...ck-and-bus-drivers-being#sthash.eux8NcMV.dpuf

 

http://cdllife.com/2016/top-truckin...-wins-big-settlement-in-refusal-to-haul-case/

I hauled one "marginal" load because of shady pre-securement and shoddy trailer; and had family with me. NEVER again, drivers~ be safe. And LEGAL.