Good morning everyone!
It's been a while since the last post and for that I apologize, but life, work and everything else in between has kept me busy and on my toes. As such there just hasn't been much time to post. Blog Spot used to let you make posts from their app, but now they want to charge you for that and I'm not paying for that ability to post from my phone. At some point I hope to move this blog and the content to a dedicated website with its own web address and potentially a discussion forum.
Anyhow, today's topic is about something completely polariziing in the trucking industry. This issue has no clarity, too many gray areas, a lot of selfish ego on all sides and plenty of blame and finger pointing to go around.
The topic is Driver's Discretion and the decision to run or not due to safety reasons. There are numerous reasons why a driver might not choose to run. On the flip side of the coin, there's a lot of reasons why a company might cancel a run. The reason is almost always rooted in safety.
High winds, freezing rain, severe weather, tornadoes, hurricanes, wildfires, floods, snow and even mud or rock slides (I know...mind blown right?)
So who makes the decision NOT TO RUN? As the driver, you are the Captain of your ship. Your company will hold you accountable if an accident, incident or blowover were to occur and you knew the weather conditions at the time of dispatch but you decided to run anyhow. You could be charged with a preventable accident, cited for driving in unsafe conditions, billed for the cleanup, charged with a crime (negligent homicide or involuntary manslaughter) and terminated from your job. So YOU get to make that decision. If you run and an accident or blowover happens, your company isn't going to hire an attorny to defend you. They're going to fire you and throw you under the bus.
Unfortunately, making that decision may come with consequences. If you choose not to run and your company feels you made the wrong decision, doesn't agree with your decision, doesn't like your judgement call...they might try to discipline or fire you. Now the law says THIS IS ILLEGAL under 49 CFR 390.6 It's called coercion and they might be held liable. The problem is, too many employers will find a loophole or find another reason that is completely unrelated to get rid of you. So maintaining a fine balance is key here.
There's a lot of BAD COMPANY POLICIES out there that state a driver must make an attempt. I get that freight that needs to get to where it needs to go.
Now let's take a look at what the LAW SAYS. This comes from Colorado. I can't speak to other states, but this is where I the author run out of. Check with your state's applicable laws that you do run out of.
Driver's Right to Delay or Refuse Dispatch - Hazardous Weather Protocol (Colorado Edition)
If you're going to choose not to run, ALWAYS justify it. Send a screenshot from a National Weather Service page. For example, go to http://www.weather.gov and enter in the city/state or zip code and go to the Hazardous Weather Outlooks (which can be found at the top of the page in red once you input your location) and screenshot the hazardous weather outlook or the Warning text. You can always send the link but just know that the current day's warnings and outlooks may have the same text as what your dispatcher will pull up in the morning or next day.
Always send a text and/or an email to your dispatcher, supervisor, operations manager or terminal manager. Sending it in writing creates a PAPER TRAIL. I prefer email. Texts sometimes get deleted. Emails can be saved in a folder for later reference. If you just relay the info over the phone, then there's no record of it with exception to your company recording the call, but they may not be very forthcoming in turning over that recording if the need arises in a dispute or lawsuit. So just send the text and the email. Always CYA!
Be safe out there and happy trucking!
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