Swift and OSHA laws...

Discussion in 'Report A BAD Trucking Company Here' started by TheMagicPhantom, Jun 27, 2009.

  1. TheMagicPhantom

    TheMagicPhantom Bobtail Member

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    Jun 27, 2009
    waskom, tx
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    Hey everyone,

    Hope all is going well in your part of the world and you are safe. I have a questions about Swift Trans out of AZ. I'm a employee with them and have been for the last 5.5 years now. As of last summer, 2008 they have started cracking down on Idling the trucks and I have been wrote up 3 times now since last summer for over idling above 20% which is now down to 5% idle.

    I have been told through channels but not directly with dispatch that next time I overidle, I will receive a 3 wk unpaid vacation and be booted from my truck at that time, in 3 wks I come back, providing I get a truck, I will then be terminated after the next time. Or so thats the saying, I dont know for a fact cause I havent tested the idea...

    My question is, I have already spent over $380 in idle aire this year alone. I'm sure that amount is going to go up later in the coming weeks as it continues to get hot out here. Is there any laws that would protect us from this kind of treatment? I wrote OSHA about it and never got a reply back. I explained as follows...

    I get 3 hrs maybe sleep a night, on a good night, I get a solid 7-8. Like I read on the idle post for Swift earlier, we couldn't keep a dog in the car and be expected not to get a ticket or thrown in jain for this so why are we being subjected to this type of treatment? Inmates are treated better then Swift drivers are right now.

    This past winter, I froze in 3-4 degree weather and asked if I could idle, all I was told was get more blankets. This is inhumane of how we're being treated out here and I don't seem to be getting anywhere on asking around about why we have to live like this. I can not do my job in this kind of enviornment and Swift don't seem to care encept for their bottom line, of how much I and we make the company.

    I can not leave due to a jack knief on my record a little over 4 years ago this past April. All companies I've talked to won't touch me and besides that, me living in a small town in TX near the LA boarder isn't helping.

    My question is: What can I do or who can I write to get some action? I've considered an attorney for damages of living condishions but I'm just not sure that would fly enough to make them see what they are doing to us out here.

    I know, there's always owner op which isn't an option for me, as I don't want that headache and at this point and time, I am seriously considering leaving them on my next home time over the 4th of July weekend. I'm open to ideas and suggesions and have even considered writing Jerry himself or his CEO Richard about the issue but doubt I would get any help from them...

    Thoughts?

    Thanks and be safe,

    The Magic Phantom of Dallas
     
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  3. Roadmedic

    Roadmedic Road Train Member

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    Basically it is their truck, their fuel.

    If they do not want to have the idle, I believe they should be providing a motel room.

    Consult with an attorney. OSHA will have nothing to do, nor will the FMCSA.
     
  4. TheMagicPhantom

    TheMagicPhantom Bobtail Member

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    Jun 27, 2009
    waskom, tx
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    Do you happen to know what state I would get the Lawer for? I was guessing Texas since thats where I am from <?> Thx again for the direction I will look into it...

    Magic
     
  5. Roadmedic

    Roadmedic Road Train Member

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    You have to start somewhere.

    Some of the states offer free consultation with the attornies through programs. I would think it should be an issue that needs to have attention brought.

    There was a werner driver in a posting that I believe has died because of the idle policy of the company.
     
  6. rookietrucker

    rookietrucker Trucker Forum STAFF Staff Member

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    TEXAS
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    Another avenue you might try is OOIDA. They talk to all drivers.
     
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  7. Im4Jesus

    Im4Jesus Light Load Member

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    Mar 21, 2009
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    Its pretty bad when any company puts profits above the help. Put APU's on the tractors alot of companies have done this and it helps the bottom line:yes2557:
     
  8. steelersfan

    steelersfan Medium Load Member

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    May 9, 2009
    BRIDGEWATER, NJ
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    IMO companies should not be able to put unreasonable idle policies in place unless they have APU's or company paid idle air/motel.
     
  9. TheMagicPhantom

    TheMagicPhantom Bobtail Member

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    Jun 27, 2009
    waskom, tx
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    Well I wrote Jerry personally about the idle and about APU's, and the overall shape of Swift about 8 months ago and got a reply back from him personally saying that the company will be "OK" (uh huh yeah I bet it would be ok, on the backs of us sweating in whats equal to a sweat shop huh) and that APU's have a life of 24 months on a truck, but I wasn't 100% sure if he ment the trucks have a 24 mth life or the APU that's why they don't do them.

    Yeah its sad, I was considering posting YouTube vids showing the kind of world I live in and blasting them but I have been told by countless people doing so would forever tarnish my reputation as a driver and they advised against it... any thoughts if that would help get the word out? I need the world to know whats going on over here...

    As I write this, I sit with a fan at each window, blowing hot Edwardsville, KS air into the truck, with screens on and all the windows open. Its so hard to even sit up front and type to you guys... I went in and inquired about getting a room that they have on site here at the old MS carriers terminal, they said thats for people in the shop only that I couldn't get a room unless I bobtailed out and got one outside the yard. And no idle aire out here either...

    Yeah I think its going to take a death in this heat before someone gives a #### about what we go through. I have talked to a major number of drivers like myself here and all of them say the same thing but no one wants to take it to the next level, which I'm about to monday when I call around for a attorney. This isn't what I signed up for 5.5 years ago with them nor 8 years ago when I started here...

    And to make it worse, there are some company drivers like the guy next to me that is idling away, but why do I get screamed at and wrote uip when I idle but not these guys? It's just so unfair and yeah so is life. But if you guys really want to know, stay away far away from Swift. Their never going to change and since Jerry bought back the company for $2.74 BILLION he is going to run it like he wants. And Richard Stocking, the new CEO is prob the guy who thought this mess up in the first place just to save on money overall.

    Thanks guys for all the help and support.

    Magic:biggrin_25525:
     
  10. frdr

    frdr Medium Load Member

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    houston, tx.
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    I thank God I got out of the trucking business years ago. If it was me, I would idle the truck as much as I needed too. I couldn't sleep in a 130 degree metal box. If they fired me for it, i would make them pay unemployment until I found another job. Make sure you document all of their unreasonable demands. That way if they challenge your claims, you'll have names, dates, and statements to use against them.
     
  11. 3.14

    3.14 Road Train Member

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    Arizona
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    seek a lawyer. a girlfriend of one of my uncles is a lawyer who is representing former and current swift drivers for the household guide scam mileage, unpaid layover, and detention class action suit. there's a gag order in place. so, i don't know too many details. however, she's very optimistic about the outcome. its outcome could end up putting swift into chapter 11 protection.

    go for their throat. these mormon owned companies are no different from the crap that the cult of scientology is pulling at their slave labor camps like the gold ranch in hemet, ca.


    i hope i can get out of the sandtrap that is otr trucking. hopefully i can nab something local and be done with this garbage. i've been idling the truck since 0630. if i get fired or written up about it, i'll go have a chat with my uncle's ladyfriend, or somebody else within the firm she works for. :biggrin_25519:
     
    Last edited: Jun 27, 2009
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