I was recently was fired from Transport America.I was having a bad week,dispatcher was not helpful with loads.Not sending all the info.Night Dispatcher's changing previously agreed runs and a whole lot of other nuisance like inconvenience's.And all this went on while I was sick with the flu.We all know what it's like to try and work thru any illness,but this was too much.So when Itold my dispatcher I was going home to get over my sickness,so he needed to arrange a relay for the load I was on,I was told to either deliver the load or be fired.When I explained to him,in phone and qualcomm messages,that I was sick,had been sick for sometime and needed a rest,afterall,I'd only been home for 7 days in two months,he re-stated,deliver the load,and do a 34 hour reset at terminal or be fired.So,I chose the legal and correct thing to do,which is get off the road,per DOT regs,because I was sick and a danger.Thus I was fired.I filed an OSHA complaint,as required.But the investigator,if that's what you wanna call her,did a incompetent job,TA lied and gave misleading information and naturally,my complaint was denied.This is another situation of trucking companies using and discarded drivers,then using the system to keep their un-bridled power in thier hands.So beware of Transport America!
Transport America Problem that is Industry Wide
Discussion in 'Report A BAD Trucking Company Here' started by BigGreg, Mar 25, 2009.
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You're serious right? Just checking here.
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So wht didn't you talk their supervisor, or the Dir. of Safety and told them you were sick.
Had you been involved in a crash, after you had qc'd the office telling them you were sick, yet they forced you to run, Both you and the company could of been held liable.
Subpart A'General
§392.3 Ill or fatigued operator.
No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver's ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle. However, in a case of grave emergency where the hazard to occupants of the commercial motor vehicle or other users of the highway would be increased by compliance with this section, the driver may continue to operate the commercial motor vehicle to the nearest place at which that hazard is removed. -
SkiBum is correct, if you are unable to drive, make sure you enter it in you qualcomm, cover your #####, then get off the road, they are big enough they can repower or reschedule the load, I have never had a problem with any company over safety issues like that, of course I would never accept any answer other then get off the road and get some rest.
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I DID LOG IT INTO QUALCOMM!!What you guys don't know is when OSHA does an investigation,the company DOES NOT have to provide anything.OSHA has NO SUBPEONA POWER!Therefore,the company can say and send anything they want.And,in this case,they did!I am considering a lawsuit,but most lawyers want significant money upfront and TA has ruined my DAC,so I'm pretty much un-hirable.
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OSHA has little or nothing to do with a truck driver. Its the FMCSA you want to be getting ahold of. At this point, unfortunately, it's up to you to initiate a wrongful-termination suit...the company was in violation of 392.3. Not sure if DACFix can help with this one, but it'd probably be worth finding out.
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you need to talk with the DOT, its their regulation therefore it is their duty to investigate if the company is forcing drivers to disobey their regulations.
Wiseguywireless Thanks this. -
I went to the DOT website and was instructed to file thru OSHA.
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The biggest thing I noticed is that you stated they offered you a 34 hr rest at the terminal. After reading skibum's message you should have took the rest time then if you were still sick and they would not let you go home after that than they would be in the wrong. But they tried to take you off the road and you would rather have went home from the start. They tried to take you off the road.
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I really need a bit more information like how far were you from delivering? Or how far from the terminal? You say had been driving sick for a while....how long is awhile? Also, make a note never say these words to a dispatcher "I'm going home because I'm sick." You have to remember how many times he/she has heard that and how many times drivers have lied.
But since you have been terminated you go to the one that rules us drivers - FMSCA....it isn't OSHA....they have no clue to what we do.Heck I'm in violation with OSHA everytime I bump a dock and walk in the plant.
It's nice y'all can quote the drivers bible but that does little good now that he is fired.
I'm sure your DAC has been hit with refusal to deliver load. So you have a fight on your hands on getting that cleared as well.
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