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Forced to work under in humane conditions Maryland Maryland Maryland

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  • Forced to work under in humane conditions Maryland Maryland Maryland

    Hello
    I am currently employed in an armored trucking company as a Driver and the temp in the truck gets anywhere from 104 to 114 deg ferenheight (no ac) according to the manager I have to keep on driving as long as the small fan we have is working as per DOT (that is what the mgr say) other safety and security problem have occurred as well but seems like all have an excuse for keeping us in the road and endangering life. I have mentioned on getting the truck back since I cannot drive this way and told I will get suspended pending being layed off the job. That is all after already driving for more then 11 hours and possible 3 more.
    Please if any one have some law related knowledge of the above your advise is highly appreciated. I just came to this country not long ago (legally) and not familier with the law.

  • #2
    Truck is over or under 26,000 lbs --my guess is under?

    Over 26,000 lbs triggers need for CDL and sets some limits to time in truck w/o a substantial break inconsistent with times you post.

    My read is that per DOT only the original installed equipment needs to operate ---if the truck came without AC so be it.

    If required safety equipment inc lights are not operational that's a different can of worms and in theory a driver can be ticketed and heavily fined for operation on public roadways of a truck that does not meet the legal requirements to be on the road ---there is a fine line between refusal to work gets you fired and refusal to operate unsafe equipment is proper step to take ....one of my younger friends who operates heavy rigs tried to explain the art of not going on the road with unsafe equipment without getting fired for refusal to work --lets just say its a art and you best sort it out on a local basis .

    I agree a hot cab may be very uncomfortable and even pose attention/safety issues ---but absent a legal link --so be it.

    Any rule against buying your own larger fan at say Pep Boys and rigging it to run in whatever truck you are assigned that day?

    Comment


    • #3
      There is no legal requirement to provide you a vehicle with AC. Plenty of people do it everyday. It isn't clear what other violations you are alleging.


      Here is a link to the hours worked regulations under the Federal Motor Carrier Safety Act. http://www.fmcsa.dot.gov/regulations/hours-of-service
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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      • #4
        Unrelated to your question as posed, double check how you are being paid or treated for meal breaks ---MD does NOT require that you get a meal break --but if you do get a break and are NOT allowed to leave your truck or immediate vicinity then odds are you must be paid not docked for same ..some employers get very aggressive in route assignment that in a sense prohibit time for meal break but they charge it anyway against your time for pay purposes

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        • #5
          And as an aside, if the truck is more than 10,000 lbs GVWR be sure you have any required DOT medical card in MD.

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          • #6
            if you do get a break and are NOT allowed to leave your truck or immediate vicinity then odds are you must be paid not docked for same

            That is not true in all states. In fact, that is not true in considerably more states than it is true. Off the top of my head I can only think of three states with that provision. Maryland is not one of them.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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            • #7
              Maryland does not require breaks be offered for those over 18. There is nothing which would require the break be paid if the employee chooses to eat in the vehicle. It must only be paid if the employee is required to be on hand and "on call" so to speak, during the meal break. Being able to leave the workstation is only recommended as it is practical to permit this. I can tell you definitely that in MD a driver who is relieved of driving duties does not need to be paid for the break, no matter where they spend it.
              I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

              Comment


              • #8
                the driver of an armored car may or may not be allowed to leave the area for a meal break ...don't know the details.m....which may matter for pay purposes.

                but as to OPs core question about hot cabs ....no rule to require AC ..sweat it out

                The 11 hr day is a bit of an odd coincidence ...11hrs is the max one can drive a rig under CDl situations before a long break is required...I don't think most armored trucks are over 26000lbs and require a CDL ...they just require DOT medical card ...but then again I might be wrong.

                In the meantime ..if it's hot..buy your own fan?

                Comment


                • #9
                  I can tell you definitively in Maryland, it has zero effect on pay. The regulations on hours of work per the FMCSA are here http://www.fmcsa.dot.gov/regulations/title49/part/395
                  I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                  Comment


                  • #10
                    I am not debating hours of work or the absence of a MD law that requires meal breaks for workers over 18 ....my point is that IF the employer provides mean breaks BUT for insurance or security or whatever reasons the driver is NOT permitted to leave the truck or that immediate area one may well be back to a paid time issue .

                    I agree that the Washington case RE Brinks is a different state that requires breaks after 5 hours which MD does not..but I suspect similar issues of armored truck drivers not being allowed to leave truck site in all states.


                    Again I think we agree..no breaks are required and no AC is required .

                    Comment


                    • #11
                      Raster, no. In Maryland that is not the case. I don't care how often you say it, in Maryland it is NOT the case that a driver, or any other employee, has to be paid for their lunch break under the conditions you describe. There are those of us who do know the law and do not appreciate your stating your guesses as facts in contradiction.

                      I told you what was going to happen if you kept it up. It's time out time for you
                      Last edited by cbg; 07-22-2014, 05:11 PM.
                      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                      Comment


                      • #12
                        Lest the OP wonder about my credentials and knowledge, I was responsible for compliance, in Maryland, with over 400 CDL drivers, in mostly non-AC vehicles. It was one of many hats I wore. We had a former employee file a complaint for basically everything under the sun and it was investigated by DLLR/DOL. We were found to be 100% in compliance. This was almost exactly a year ago and there have not been any changes to the law nor the administration in that division since that time.
                        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                        Comment

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