Complaint Review: BaRr NuNn - GRANGER Iowa

I knew when I read it this time, that it wasn't the first time Steve had offered it. One thing I failed to mention is that the only time that OSHA has any legal jurisdiction when it comes to trucking is in a case where a company does not cross state lines. Intrastate trucking operations are regulated by the state in which they are located and operate. OSHA can supersede state authority, but not any other Federal authority. I'm not going to be out there without any heat or air conditioning, and I don't think anyone else should be out there either, but I know that I don't have a "right" to either. And there has never been an OSHA rule in existence, to date anyway, that states that truckers must be afforded either as well. There were several companies mentioned in the original post...why, I'm not sure. The bottom line as a general rule, is that the larger the company, the less attention that a company seems to pay to their driver's complaints. It's one of the reasons that I avoid larger companies. It's just too easy to get lost in the shuffle, or ignored completely.

I asked steve awhile back to point out where it states air conditioning is to be provided in the FMCSR. He spouts off that it does, and will say to read it ( which I am very familiar with it), but will not provide a page or reference number. So I say again, prove it Steve.

...There is no such thing as a rule, regulation, statute, or ordinance that states that any commercial driver is to be provided heating or air conditioning, and there is certainly no such rule or regulation contained within the FMCSR's. Be sure and look back at your own words, because you said it...not I. You're free of course, to cite the relevant rule(s) if you feel that I am in error. OSHA has no jurisdiction over interstate trucking, and under it's own regulations, OSHA is prohibited from interfering with any other industry already regulated via Federal oversight. The FMCSA has adopted a few of OSHA's guidelines and incorporated them into the FMCSR's, but make no mistake, the FMCSA has full authority over trucking and supercedes anything OSHA might have written within it's own rules regarding the trucking industry. Still, there is no OSHA rule that calls for any mandate for heating or air conditioning to be available to the driver, or in operating condition in a commercial vehicle. Thus, it would be pointless to offer any complaint to either the FMCSA or OSHA, because there is no existence of any enforceable regulation stating that a truck can be idled for driver comfort, or because the heat and/or air conditioning is not working. Any letter of complaint to either agency will wind up in the trash can. There are legal alternative means in which to provide such comfort to the driver, and these alternative means are legal in all 50 states. Off-shore power and amenity providers, such as IdleAir, and on-board sources of power and amenities, such as any EPA approved Auxiliary Power Unit (APU) installed on the truck, can be used and is allowed to be run until the sun no longer shines, in order to provide driver comfort. Anyone who is working for a company that does not provide such comfort provisions should immediately seek another job. They do not deserve your services. I seriously doubt that any of the companies mentioned actually expect a driver to either roast or freeze, but if so, defer to my previous comments. Quit and go elsewhere, or find another job and then quit, or put up with stupid crap from people with no clue to what it's like out there, because they are idiots. It's all a matter of choice. I have always chosen to discover all the little details into all the important issues, like this one for example, to make an informed decision as to whether or not I desire to work for a company. No APU?...Don't think for a second that I'm going to drive that truck for one mile for them.

The fact remains that the OP NEVER said he worked for all of those companies. It is also obvious to anyone with a shred of common sense that the OP worked for one comapny, because he clearly stated "this company" in his post, instead of "these companies". >> As far as idling goes, that is easy to beat. The FMCSA regulations MANDATE that a driver "SHALL have an adequate amount of heat and air conditioning". Therefore a driver has several options here. The first is filing with OSHA as the company is endangering your health and welfare by not allowing you to idle. This is creating an unsafe working condition. The second is to file a complaint with the FMCSA. The third is to throw it back in the company's face. For example HEAT causes fatique, right? So your in Phoenix and its 100 degrees still at midnight. You cannot sleep because you have no air conditioning because you cannot idle. Now, the company dispatches you a load. You turn it down for reason: Driver Fatique. They CANNOT force you to drive is you are fatiqued. Legally. Keep in mind, that initially all of these options will most likely get you fired, but that solidifies your case. I always used to tell the dispatchers and driver managers that they should go home and turn off the main power to where they live and sit there all night with no heat or air, no tv, nothing. See how they like it, and if its not suitable for them, why should it be suitable for me?

steve YOU may want to re-READ the op "Where did you get the thing about 5 different companies???" again at the very top he list " BARR-NUNN - DAC Schneider - JB HUNT - SWIFT = WERNER USxpress" showen in red, looks like 6 companes to me. "The OP made a post and made 5 bullet statements of things the company sucks for. He never said anything about r different companies" can you tell me which company he is talking about...? he did list barr-nunn's address but if this is about barr-nunn then WHY list the others and why did it come up under usxpress...? "FYI...MANY companies have a NO IDLE policy.They WILL fire you if you violate it." of the companies listed which will fire you for idling...? usxpress doesn't "That whole process a JB Hunt is sheer stupidity. They bring lots of drivers out there just to let them go during orientation." "All of this investigation can and should be done PRIOR to bringing someone out for orientation. Coming to orientation should mean you have a firm offer of employment." why should they...? 45% of the drivers that get a PRE-hire never show up for orientation...! why spend all the money and time when almost half of the people will never show up. (you've never EVER sent out more than one app at a time...?) if ALL the info you have put on your app is true then you DO have a firm offer. over 35% of the apps that usxpress gets have lies or unreported things on them. it's FUN to see the drivers sent home after the drug test come back. or the ones that forgot to say anything about that truck they layed on this side last week.

Leslie, Where did you get the thing about 5 different companies??? The OP made a post and made 5 bullet statements of things the company sucks for. He never said anything about r different companies. Learn how to read! FYI...MANY companies have a NO IDLE policy. They WILL fire you if you violate it. That whole process a JB Hunt is sheer stupidity. They bring lots of drivers out there just to let them go during orientation. They did it to me bacause I had a bad reference from 1 employer. WELL.....I told them that whole entire situation over the phone and on the app. and even gave documentation. SO, why would they waste my time and thier money bringing me out for orientation? All of this investigation can and should be done PRIOR to bringing someone out for orientation. Coming to orientation should mean you have a firm offer of employment. It's not a game.

I can see if you had a bad experience with one company, lots of people have bad experiences with lots of companies. Some companies are just downright evil. I got absolutely screwed by CRST, and it definitely wasn't anything i did...i was never late, and I never seriously pissed a dispatcher off until the last day i worked for them (oh, i wonder what he would have said if i had talked to him in person!) But, the 5 listed above? You've got to be kidding me. I have a hard time believing someone could have 5 of the same bad experience with 5 different companies. I find that many drivers who are constantly complaining about getting bad miles, etc, are the ones who just dont like working. I've never heard of anyone getting fired for idling with any company, and ive heard lots of horror stories...including a few about JB Hunt. I'm also having a hard time understanding what company you worked for for 2 years? You listed FIVE COMPANIES. And if they aren't paying you, why would you continue to work for them for 2 years? Something ain't right here...