Written up for being in the shower while logged as sleeper berth.

It is splitting hairs, but the company has to document violations so they can prove to FMCSA they are not allowing violations to happen in their company. Getting notice doesn't necessarily mean they are going to punish you. This could be someone in the company saying "listen, I have to tell you this so I don't get in trouble, make sure your ELD is accurate." You know the company better than us. I wouldn't sweat it. It sounds like CYA.

 

Apply the rules as written - switch to off duty and then back to sleeper when you get back.

Not saying it's right. Not saying it's logical. Just saying safety critters are going to go by what's written. Bears eat rich people who crash their helicopter, safety critters get pedantic over stuff like this.

 

So am I understanding this correctly? Done driving for the day on duty post trip, then to the sleeper berth I would go. Then I walk in to eat and shower I can’t be logged in as sleeper berth cause I’m not sleeping?

 

If you get out of the truck to go in to eat or shower you can not also be in the sleeper, but you can be off duty.

Then again...
No one is to know if you are logging sleeper time when you are eating or getting a shower.
The truck is not moving in either case.

Overthinking this will just lead to unnecessary stress.
Overthinking and stress is best left to the people that make up these rules.

 

In all honesty, if I were still driving I would do it as my company wants. Most likely if I am out of my truck I would log off duty. If I am in my sleeper I would log that. I still don't think I would change my status just for a quick bathroom break as long as I am not out of the truck for much longer than maybe 15 to 20 minutes. One last point on that write-up the OP is getting. I am not going to look through part 395 this morning, but I imagine the requirement to keep logs for 6 months is still the rule. If these carriers are smart they will have HOS records "falling off" after 6 months. If this is true, then there is an excellent chance that the write-up has an expiration date.

 

I spoke to a safety critter about this last night. He said this is something he has to deal with several times a year. When called about a parking lot crash the first thing he does is remind the driver to go on duty to make the report. It sucks, but the company has to CYA!