Work Related Advice

[Bjornke]

All,

Forward: This is more of general advice, though I didn't see a general advice forum

I work for a particular company that requires one to drive frequently. We have a Stake Body (Flat bed truck with stakes on the sides) that has a weight rating (GVWR) of 16,000Lbs.

You don't need a CDL to drive this truck in Maryland, but you DO need to have a USDOT Number, Safety and Driver logs updated continuously, enter all weigh stations, yearly safety inspects, and carry a fire extinguisher.

We have a USDOT Number, but no logs of any kinds, no safety inspections, no fire extinguisher, and the truck is bad shape mechanically.

I have been asked several times to drive this vehicle, however the fine for failing a weigh station inspection (occurs randomly, or if they decide your truck looks bad when you go to weigh station) is over $1000 dollars and is applied towards your license in the form of points if you don't have a log.

How do I tell my boss, that I simply refuse to drive this vehicle again, until the vehicle is up to code? Company policy is I pay all fines. Additionally, I'm not a truck driver for this company. I do office duties.

 

[BigRed]

Talk to your shop steward or union rep and let them talk to your boss.

BigRed

 

[1213]

How do I tell my boss, that I simply refuse to drive this vehicle again, until the vehicle is up to code? Company policy is I pay all fines. Additionally, I'm not a truck driver for this company. I do office duties.

I would probably say directly and honestly that I am not going to drive that vehicle because of the reasons that you said. Unfortunate thing is that it may mean that you have to change work after that.

 

[BigRed]

I would probably say directly and honestly that I am not going to drive that vehicle because of the reasons that you said. Unfortunate thing is that it may mean that you have to change work after that.

You may want to contact the DOT and OSHA about safety violations.
Maybe you can turn them in anonymously.
Or maybe the best thing is to confront your boss about these violations. It may be in the best interest of the company to correct all violaions. If you get into an accident the company will be in a bind if they are sued and there are safety violations.

BigRed

 

[miamited]

All,

Forward: This is more of general advice, though I didn't see a general advice forum

I work for a particular company that requires one to drive frequently. We have a Stake Body (Flat bed truck with stakes on the sides) that has a weight rating (GVWR) of 16,000Lbs.

You don't need a CDL to drive this truck in Maryland, but you DO need to have a USDOT Number, Safety and Driver logs updated continuously, enter all weigh stations, yearly safety inspects, and carry a fire extinguisher.

We have a USDOT Number, but no logs of any kinds, no safety inspections, no fire extinguisher, and the truck is bad shape mechanically.

I have been asked several times to drive this vehicle, however the fine for failing a weigh station inspection (occurs randomly, or if they decide your truck looks bad when you go to weigh station) is over $1000 dollars and is applied towards your license in the form of points if you don't have a log.

How do I tell my boss, that I simply refuse to drive this vehicle again, until the vehicle is up to code? Company policy is I pay all fines. Additionally, I'm not a truck driver for this company. I do office duties.

Hi bjornke,

I think the simplest thing is just to agree with the boss. "Look, since I'm the one you're going to hold responsible to pay any fines, I'm not going to drive the vehicle until all the problems with it, that might incur a fine to me, are corrected. If I'm busted for speeding or reckless driving I'll certainly pay those fines because they are my direct responsibility, but the law also holds me directly responsible if you don't keep up your obligations for operating this vehicle on the roads, and I don't think it's fair that I would be held accountable for such things as those that are out of my direct control, but...If you'd like I'll be happy to get it towed over to an inspection station and get it brought up to code and throw a notebook in the glove box for a log book.

Of course, it might also help if you have other drivers supporting you in this. I would also encourage you to investigate this issue of it being necessary to keep a log book. Log books generally are not requested on vehicles that are not long haul carriers.

Here's some general information that I found regarding the requirement of keeping a log book in the state of Maryland:

How many miles can I travel before needing to keep log books?
​

​

Intrastate Carriers- 150 air mile radius
Interstate Carriers- 100 air mile radius
However, you must also have 8 hours off duty (10 for interstate) before returning to duty and return each​

day to your place of business.

So, as you see here, just being a local business man who drives a 16,000GVW vehicle doesn't necessarily make you liable for carrying a log book. You can drive your companies vehicle anywhere within a 150 mile radius of your place of business and never have need of a log book. Knowing the size of the state of Maryland, I imagine you can drive anywhere in the state and not need one.

I also did just some skimming over the requirements for fire extinguishers on vehicles and I'm not sure that yours requires one. What I found was that any vehicle with a GVW over 26,000wt must have a fire extinguisher. Also any lesser weighted commercial vehicle which carries hazardous materials or is designed for carrying passengers. So, a cab driver is required to have one, your truck, not so much.

So, Let me also throw in here that you probably should check up on your 'law' before you decide to confront your boss over something that he may well be correct about. As to the mechanical problems, well, if they are vehicle safety issues, then I would ask the regular driver to see if he can get them fixed.

God bless you.
In Christ, Ted

 

[Hammster]

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Moved from Christian Apologetics.


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[Harry3142]

Bjornke-

If you don't have a union, you could contact OSHA about this safety hazard. But be prepared. Even though OSHA tells people that their reports will be held confidential, the reality is that they will name you as the source of their information.

You could also call the state highway patrol office nearest your location in Md., and tell them about the condition of the truck. They might be able to come onto the property and order a 'random inspection' before that truck even leaves the dock.

 

[parsley]

Is there anyone above your supervisor, or is he the owner? The owner is the one who absorbs lawsuits and penalties (even if your contract says you do, the owner and company still could)-- so they would want to know if something is not up to par.

A middle manager is expected to keep a budget tight, but if they are doing so to improve their own numbers, they are not doing the company any favors. If the company is found guilty of different violations (I am not an expert on CDL), then the company can face restrictions in future things they intended to do.

They should know. A good employee notices things and informs their supervisors, even if the consequences are painful.

 

[Bjornke]

Bjornke-

If you don't have a union, you could contact OSHA about this safety hazard. But be prepared. Even though OSHA tells people that their reports will be held confidential, the reality is that they will name you as the source of their information.

You could also call the state highway patrol office nearest your location in Md., and tell them about the condition of the truck. They might be able to come onto the property and order a 'random inspection' before that truck even leaves the dock.

I was actually thinking about doing that. The major issues with this truck involve the steering. The alignment is off considerably, and the power steering has a habit of "thumping " (as if there may be air in the hydraulic lines of the steering column) which in turns exaggerates the alignment issue.

To say the least, going at any speed above 20 MPH really makes one wonder if you'll still have power steering, as the faster you go, the worse the steering becomes.

It's almost ridiculous that to drive straight the steering wheel is turned almost a full 3/4 of a turn to the left.... (3 fulls turns in this vehicle on the steering wheel)

As for the stakes themselves, they're all sorts of bent out of shape. That isn't necessarily the more pressing issue though.

Hi bjornke,

I think the simplest thing is just to agree with the boss. "Look, since I'm the one you're going to hold responsible to pay any fines, I'm not going to drive the vehicle until all the problems with it, that might incur a fine to me, are corrected. If I'm busted for speeding or reckless driving I'll certainly pay those fines because they are my direct responsibility, but the law also holds me directly responsible if you don't keep up your obligations for operating this vehicle on the roads, and I don't think it's fair that I would be held accountable for such things as those that are out of my direct control, but...If you'd like I'll be happy to get it towed over to an inspection station and get it brought up to code and throw a notebook in the glove box for a log book.

Of course, it might also help if you have other drivers supporting you in this. I would also encourage you to investigate this issue of it being necessary to keep a log book. Log books generally are not requested on vehicles that are not long haul carriers.

Here's some general information that I found regarding the requirement of keeping a log book in the state of Maryland:

How many miles can I travel before needing to keep log books?
​

​

Intrastate Carriers- 150 air mile radius
Interstate Carriers- 100 air mile radius
However, you must also have 8 hours off duty (10 for interstate) before returning to duty and return each​

day to your place of business.

So, as you see here, just being a local business man who drives a 16,000GVW vehicle doesn't necessarily make you liable for carrying a log book. You can drive your companies vehicle anywhere within a 150 mile radius of your place of business and never have need of a log book. Knowing the size of the state of Maryland, I imagine you can drive anywhere in the state and not need one.

I also did just some skimming over the requirements for fire extinguishers on vehicles and I'm not sure that yours requires one. What I found was that any vehicle with a GVW over 26,000wt must have a fire extinguisher. Also any lesser weighted commercial vehicle which carries hazardous materials or is designed for carrying passengers. So, a cab driver is required to have one, your truck, not so much.

So, Let me also throw in here that you probably should check up on your 'law' before you decide to confront your boss over something that he may well be correct about. As to the mechanical problems, well, if they are vehicle safety issues, then I would ask the regular driver to see if he can get them fixed.

God bless you.
In Christ, Ted

This vehicle is registered in the State of Pennsylvania and has PA tags. It also regularly goes much further than 150 miles. Though I personally don't think I'll ever drive it that far, it does indeed cross state lines frequently. It also frequently carries Oxygen and Acetylene Tanks (for welding purposes) and on rare occasions may carry Nitrogen or Propane. So, as far as I'm aware, it needs a fire extinguisher.

 

[parsley]

Sounds like they need a routine maintenance schedule, a list of required items to be stocked in the truck, and checklists for all drivers. Since you're an office person, you can propose these changes without confronting anyone -- just make it an new improvement in systems.

 

[miamited]

I was actually thinking about doing that. The major issues with this truck involve the steering. The alignment is off considerably, and the power steering has a habit of "thumping " (as if there may be air in the hydraulic lines of the steering column) which in turns exaggerates the alignment issue.

To say the least, going at any speed above 20 MPH really makes one wonder if you'll still have power steering, as the faster you go, the worse the steering becomes.

It's almost ridiculous that to drive straight the steering wheel is turned almost a full 3/4 of a turn to the left.... (3 fulls turns in this vehicle on the steering wheel)

As for the stakes themselves, they're all sorts of bent out of shape. That isn't necessarily the more pressing issue though.



This vehicle is registered in the State of Pennsylvania and has PA tags. It also regularly goes much further than 150 miles. Though I personally don't think I'll ever drive it that far, it does indeed cross state lines frequently. It also frequently carries Oxygen and Acetylene Tanks (for welding purposes) and on rare occasions may carry Nitrogen or Propane. So, as far as I'm aware, it needs a fire extinguisher.

Hi bjornke,

Well, you didn't give all that information. I was assuming that a stake bed truck you were probably just carrying construction materials. Yes, I would agree that it needs a fire extinguisher. As far as the 150 miles, that's radial miles from the business and not just 150 miles driven. In other words, if the truck goes 40 miles in one direction to a job and then 30 miles in another direction and 20 miles in another and then 30 miles in another and then 40 miles in another direction, it still would not qualify to need log books. You put a pin on the map where your business is and then you draw a circle with a 150 mile radius. If the truck crosses that line in the operation of the business then it would need log books.

Roughly that would mean that going west, if you are in or near the Baltimore area, you would have to drive further than Elkins, WV. North would be about Pottsville, PA. You couldn't drive far enough east and south would be about Richmond, VA. If you find yourself in or beyond any of those cities, then yes, you would need to maintain a log book.

However, if you're just uncomfortable driving the vehicle, then just tell the boss you don't feel the vehicle is safe and you're not comfortable driving the vehicle.

God bless you.
In Christ, Ted

 

[Pal Handy]

All,

Forward: This is more of general advice, though I didn't see a general advice forum

I work for a particular company that requires one to drive frequently. We have a Stake Body (Flat bed truck with stakes on the sides) that has a weight rating (GVWR) of 16,000Lbs.

You don't need a CDL to drive this truck in Maryland, but you DO need to have a USDOT Number, Safety and Driver logs updated continuously, enter all weigh stations, yearly safety inspects, and carry a fire extinguisher.

We have a USDOT Number, but no logs of any kinds, no safety inspections, no fire extinguisher, and the truck is bad shape mechanically.

I have been asked several times to drive this vehicle, however the fine for failing a weigh station inspection (occurs randomly, or if they decide your truck looks bad when you go to weigh station) is over $1000 dollars and is applied towards your license in the form of points if you don't have a log.

How do I tell my boss, that I simply refuse to drive this vehicle again, until the vehicle is up to code? Company policy is I pay all fines. Additionally, I'm not a truck driver for this company. I do office duties.

Have your boss put into writing that he will pay any and all fines incurred
against his vehicle if he forces you to drive the truck....

If your boss won't assume responsibility for his property,
what makes him think you should?

 

[Christian Soldier 777]

Not only is the fine your responsibility, but also your safety. You could tell your boss that you do not want to drive a vehicle that is not safe and would appreciate him fixing it. This could put you in hot water, so you may not want to do this, unless you have good communication with him. You could also say you would prefer a different truck, but this may cause him to give the truck to someone else, which really doesn't solve the problem of safety. You could tell him that according to OSHA Standard 1926.601, the truck must meet these standards in order to be used for business purposes. You can also call OSHA anonymous and report him, which will force him to fix the truck and at the same time, your job would be protected. Pray about it!! Proverbs 3:6," Acknowledge him in all your ways, and he will make your paths straight." ood luck my brother.

 

[miamited]

Hi CS777,

The only problem with waving OSHA1926.601 in the bosses face is that that particular section applies to off road vehicles, to wit:

<A href="https://www.osha.gov/pls/oshaweb/owalink.query_links?src_doc_type=STANDARDS&src_unique_file=1926_0601&src_anchor_name=1926.601(a)">1926.601(a)Coverage. Motor vehicles as covered by this part are those vehicles that operate within an off-highway jobsite, not open to public traffic. The requirements of this section do not apply to equipment for which rules are prescribed in 1926.602.

God bless you.
In Christ, Ted