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Raising the Standards of the Trucking Industry

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OSHA and Your Rights as a Truck Driver


Allen SmithBy: Allen Smith

According to Federal Law, employers are prohibited from firing, demoting, or in any other way discriminating against an employee. Supposedly, this law applies to trucking companies as well.

Truck drivers who refuse to violate HOS rules or to operate the CMV in a way that would violate a Federal Commercial Motor Vehicle Regulation are protected from any kind of retaliation by the trucking company, under the STAA, 49 U.S.C. Section 31105, and are encouraged to report any such retaliation to the FMCSA or to OSHA.

The Surface Transportation Assistance Act (STAA) provided a simplified and effective remedy for truck drivers who are fired for insisting on following Federal Motor Carrier safety regulations as set forth by the FMCSA.

If a trucking company takes action against a driver for any complaint where the driver is protected from retaliation, then he or she may file a complaint with the Occupational Safety and Health Administration (OSHA) that could result in reinstatement, back pay and benefits, attorney fees and costs, and other remedies.

Truck drivers and their OSHA rights

The OSH Act protects workers who report to their employer, OSHA or other government agencies about unsafe or unhealthful working conditions in the workplace or environmental problems. The STAA prevents trucking companies from invoking retaliatory measures against a driver who invokes his or her rights under OSHA. The FMCSA also encourages truck drivers to report safety violations by motor carriers.

Some examples of activities protected under the Surface Transportation Assistance Act are:

  • Making a complaint to the U. S. DOT about violations, or possible violations, of commercial vehicle safety regulations.
  • Making a complaint to your employer about violations, or possible violations, of commercial vehicle safety regulations.
  • Refusing to drive a commercial vehicle when impaired due to illness or fatigue.
  • Refusing to drive a vehicle that exceeds highway weight restrictions.
  • Refusing to violate hours-of-service regulations.
  • Refusing to drive a vehicle with defective lamps, leaky exhaust systems, inadequate brake pressure or adjustment.
  • Refusing to violate speed limits.
  • Refusing to drive in hazardous weather.
  • Refusing to falsify a log book.

Trucking companies are prohibited from retaliation or discrimination measures toward truck drivers who exercise their OSHA rights. Discrimination can include the following actions:

  • Firing or laying off
  • Assigning to undesirable shifts
  • Blacklisting
  • Demoting
  • Denying overtime or promotion
  • Disciplining
  • Denial of benefits
  • Failure to hire or rehire
  • Intimidation
  • Transferring
  • Reassigning work
  • Reducing pay or hours

Most STAA cases involve drivers refusing to drive when fatigued or the load is considered unsafe. Trucking companies who retaliate by reducing the miles the driver receives, is thus reducing the pay for the trucker, thus violating the STAA.

Is OSHA working for truck drivers?

One study found that OSHA ruled in favor of the truck driver only 31% of the time. In most of these cases, however, the employee chose to act without an attorney experienced in employment law. The study also noted that many of the cases that OSHA dismissed were successful when appealed. The Workplace Fairness Organization provides a source to locate an attorney who specializes in employment law.

But are OSHA, the STAA and the FMCSA working for truck drivers? Many truckers report that when contacting OSHA or the FMCSA on such matters, their complaints went unnoticed. Furthermore, drivers state that they might as well had been “talking to a fence post” due to no action taken by OSHA or the Federal Motor Carrier Safety Administration.

The Act also is supposed to provide compensation for the truck driver when his or her claim is successful in various forms as:

  • reinstatement
  • back pay
  • front pay
  • compensatory damages for such items as emotional distress and loss of reputation,
  • interest on damages
  • attorney fees and costs

Other remedies, known as “equitable remedies” include:

  • purging of adverse information from personnel records, and
  • posting of information about the case at the employer’s work sites.

Trucking companies beat OSHA and FMCSA at their own game

When it comes to enforcing the STAA and FMCSA protection in place for truck drivers and their employee rights, trucking companies have found ways around these employee rights. By creating the “Starving Out” process of truck drivers and placing the blame on economic issues and the lack of freight, it can often lead to the trucker unable to prove that they were actually retaliated against.

Even though both OSHA and FMCSA have acknowledged that this process of starving out drivers is in place within the trucking industry, there have been no parts created in the FMCSA regulations to hold motor carriers responsible.

Will CSA 2010 prevent truck driver retaliation?

Although CSA 2010 is expected to hold motor carriers more responsible for safety issues, the standard mileage for professional truck drivers have been set at 2500 miles per week. If a driver uses his or her right under OSHA and the FMCSA, trucking companies will still be able to retaliate against the driver by utilizing the starving out process.

Federal regulations should include a sub-part stating that a motor carrier must supply the truck driver with the weekly miles that were promised at the time of hire.

A Federal Law should be enacted to hold the company accountable for the 2500 mile guarantee claim. This could play an effective part in stopping the”starving out” process which is most often used as a retaliation tool against truck drivers.

If OSHA and the FMCSA is truly for the employee rights of the trucker, a regulation such as this should be in place.


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By: Allen Smith

Allen Smith is a 37 year veteran who started at an early age in a household goods family moving business. He began driving straight trucks in 1977 and moved to the big rigs in 1982. His experience within the industry includes; owner operator, company driver, operations manager, and owner of a long distance HHG moving business, taking many of the long haul moves himself when needed. Allen Smith, a truck driver advocate who is driven by the desire to help others succeed within an industry where injustice, unrewarded sacrifice, and lack of respect and recognition exists. Allen and his wife Donna are hosts of Truth About Trucking ”Live” on Blog Talk Radio. Other websites include AskTheTrucker, TruckingSocialMedia, NorthAmericanTruckingALerts, TruthAboutTrucking, and many Social Media websites. In 2011 Allen and Donna hosted the first Truck Driver Social Media Convention, designed to create unity and solutions for the trucking industry. This is now being extended through the North American Trucking Alerts network as those within the industry join forces for the betterment of the industry. Allen strongly supports other industry advocates who are also stepping up to the plate to help those who share honesty, guidance and direction. He believes that all those involved in trucking need to be accountable for their part within the industry, including drivers, carriers, brokers, shippers, receivers, etc… The list of supporters and likeminded people grow daily, networking together and sharing thoughts and ideas for the betterment of trucking. He has coined the popular phrase "Raising the standards of the trucking industry"

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67 Responses to OSHA and Your Rights as a Truck Driver. - Post a Comment

  1. […] This post was mentioned on Twitter by Allen Smith. Allen Smith said: OSHA and Your Rights as a Truck Driver: By:  Allen Smith Trucking companies retaliation against truck driv… […]

    • Lee wil

      I know what the law says but applying the law is another story, filed several complaints when your O/O and contracted you get cheated left and right and know one does anything bu say ok we will see. and mean while when the company gets wind of what you done they screw you over faster until your forced to leave. got cheated on fuel tax reports, got cheated on mileage, layovers , port charges, flat tires, insurance. i was paying insurance not only for me but was being charge insurance for company drivers. contract said the company would pay cargo insurance but i was getting charged for that also. on and on . no body did anything.

    • Herbert Anderson

      My question is how is it fair that drivers are now told by these new laws when they can sleep when they can eat and when they can go to the restroom. Number one have you ever had someone tell you that you have to go to sleep right now so you can get 10 hours of sleep or rest in. No and if you did I bet you would have a very hard time going to sleep just because someone told you to.

      We no longer have lead way that when we get tried pull over and get a couple of hours rest because if you do, we will not make that dead line for sure because that couple of hours is still used as driving time or time that it takes to get everything together to drive.

      We are made to stop after 4-5 hours drive time to either eat or go to the restroom and we have to do that in the 45 minutes, the laws are giving us or it goes into our drive time or as stated the other things it takes to run a truck like inspection or what ever is needed at the time. We are grown and I understand that in a 24 hours period you should be stopped and rest for 10 hours but to demand when we do this and the way you want us to do it.

      If we are tried sure we should stop and rest but we cannot do that any longer because of the laws. We are given 14 hours of the day to work 10 hours to drive 2, 45 minute breaks during that time and 2.5 hours to take care of the truck itself or delivery a load or get a load. The other ten no matter where we are we are to stop the truck and sleep. No other place of employment tells you when you can do and when you can’t.

      If you work a 10 hour shift you are allowed to drive home and go to bed. If we are almost at our own home but maybe 45 minutes away we are forced to stop and stay in that spot for 10 hours rather than to go home and sleep in our own bed. It is not right. I am sure these laws where made by someone that has never driven a truck and made the laws sound so good to someone else that have never driven a truck and now they are law.

      I just believe it has been take a bit to far. Yes we need to rest but if we need 2 hour to rest out of a 24 hour period then drive 5 hours and then sleep 8 hours then go the other 5 hours then it should be up to us. Logs should show we have taken a 10 hour break and two other 45 minute breaks but should not demand when they are taken.

  2. […] more: Truck driver employee rights under OSHA and FMCSA | AskTheTrucker Share and […]

    • 50408094

      Can my boss alter my air seat so that it can’t move?

  3. spanky

    can a another driver mess with other drivers logs

  4. Allen Smith

    Absolutely not. According to Part §395.8 (f)(2) of the Regulations:

    Entries made by driver only. All entries relating to driver’s duty status must be legible and in the driver’s own handwriting.


  5. […] even disputes that arise from trucking companies lease purchase programs.  Per our previous post, OSHA and your rights as a truck driver, many truck drivers fail their case due to not having the proper legal […]



  6. Cody

    If a driver is being “starved out,” wouldn’t he or she be able to provide some evidence from other drivers in the same company, hence showing that not all driver’s mileage is decreasing? It seems like that would be enough to show that one driver is being single out and that the economic downturn is just an excuse.

    Just a thought and question that I had.

  7. Allen Smith

    The problem faced is that most drivers will not want “to get involved” because then their jobs would be on the line.

  8. Richard

    my question is how, as a local driver(Full log not required)fight getting fired for refusing to work over legal limits. the company is to keep track of time. the employer can change things in that department to falsify my actual time. Also when exactly are you considered to be operating a comercial vehical. This is always a dispute at my place of work.

  9. Allen Smith

    To fight it, you will have to have proof/evidence to back up your claim, such as your actual documents that you turned in, and the documents that the company is showing or written/verbal collaboration from fellow employees, etc.

    A commercial vehicle is any type of vehicle used for commercial / business purposes.

  10. Betty

    I work for a small regional carrier..The trip that I am not expected to falsify my log is rare..I am one of two females at this company. The other one runs well, but is also married to another driver that has been at the company for about 20yrs. When you refuse to do something due to your log, you are deadheaded home, in some cases given a week off. They want everything put into the satellite, and say that DOT never checked that before when they have gone through an audit, so you are also punished if you don’t put everything into it. I am at my wits end here. I constantly bump heads with dispatch.
    My boss actually hunkered down beside my car as I was pulling out a couple weeks ago and said “you know you have a long way to go to get back into those guys good graces.” What I heard was “These guys are shafting you, I know they are shafting you, I condone that they are shafting you and until you start kissing their butts and doing what they say, it will continue..” I have just recently started journalising it, but have noted it over the years in my online blogs..It is to the point where other drivers (males) have come to me and asked me am I aware that I am being screwed..Which tells me that it must be on a bigger scale than even I imagine. Any suggestions that you can offer would be greatly appreciated. I stay here, cause the area I live in does not offer too many jobs that are not OTR, but it has gotten to the point that they keep me so stressed out and exhausted, that I am making stupid mistakes.

    • Dee Mulverhill

      you can find another company, my husband is with Bjorn Petersen Trans. out of Glendale, AZ. It took a few rotten companies to work for before we found them. They are good people and if you don’t live in the area, they’ll let you take the truck home. Also, Tribe is a really good company we hear a lot of good stuff about them as well. Just a suggestion, I hate hearing about this kind of thing, and understand you hesitating a move to another company, but know there are good ones out there and I would like to believe that if enough people in you situation just don’t put up with it and find a better place maybe, just maybe the ones like this will go away or straighten up. Hope this helps, good luck.

    • Allen Smith

      Thanks Dee … great and helpful information. Appreciate you sharing.

    • Mellody

      Isn’t OSHA supposed to conduct some sort of investigation to find out if the driver’s claim is true? Don’t they have the power to subpoena the information from the company? Conduct audits? That sort of thing? Truck drivers need to get together pool our resources and FIGHT BACK!

  11. Bryan

    I work for a small trucking company in Michigan. For the past few weeks I have been butting heads with the owner of this trucking company about th H.O.S. and the 14 hour ruling. But, my question is more in the area of in the definition conflicts.
    I’m paid mileage (and not a very good mileage at that) but the owner has me down as a subcontractor and I’m forced to pay my workmans comp even though I’m driving his truck and pulling his equipment.
    Explain this to me if you could.


    • Michelle

      Yes indeed I have the same question.

  12. kulbir

    i work for a small company and while delivering a load we were trying to back up in a tight spot and while pulling forward we hit a big stone that the company had placed at the end of the driveway so the radiator leaked. now the boss wants to take out 2 grand from my paycheck for new radiator and the towing charges. is he legally allowed to do that?

    • Allen Smith

      My opinion is ,no. Of course that’s if you’re a company driver and not an owner operator
      Did you sign any paperwork stating that you’d be liable for damages?
      I suggest you check with an attorney also

  13. amanda

    im enquiring on behalf of a friend. he works for a owner driver, has been there 5wks, havin problems wit boss not providing any safety gear, ie gloves (he drives a swinglift, and handles chains) he had to pay himself to re do dangerous goods lisence , and today asked for new log book as his is almost finished, the boss said he has to buy his own log books, its in the contract, yet my friend has not seen or signed this so called contract. the boss also claims that in this unseen contract my friend will have to pay for towing if truck breaks down, access claims on insurance, if ever required, and if they place a box in the wrong place at a company, drivers have to pay for it to be moved. is any of this legal? does my friend have to provide his own log books? his own safety gear? and pay for such things as dangerous goods licence?

  14. Michael

    Produce was maintained 34F and on delivery day was 30.5F.Co take it with mark a note some product were damaged because of over frozing. Carrier claimed the insurance and deducted from driver 2 weeks’ salary. Is that legal move? Refrigeration Co Carrier made a note; problem occurs because of high heat and sensor gives a bad signal to sensor…Driver mainained 34F continiouse…

  15. jamie

    the company i work for has apu’s on the trucks but its almost 100 out side and they have the trucks not to idle and will not put me in a hotel so i can get my mandated rest now when my break is over i will not be in my opinion a safe driver is this reportibal to OSHA

  16. jamie

    i forgot to say the apu is not working

  17. ROYAL

    I have been driving since 1978 you name it it have happen to me in this business i just held it to myself but so many years in the business i have found out that i have bad credit no money bad name because these trucking companies are no good they lie never tell the truth about anything and they have you set up from the get go dac is a joke as for as it goes for drivers the feds allow trucking companies to violate your criminal history for 10yrs credit jobs but the never look at how many drivers these companies go threw in a week month year and ask why but that driver get his rights violated because if that driver has experience with trucking companies he will quit under ant terms but when he quit and they lie to you.

    They have you and no one fight for us they just get away with it like they don’t have work laws for employees that travel away from home for these companies that misuse drivers i have been destroyed in life from trucking companies just trying to fill a driver seat they don’t care and drivers need work money but when you get there it the same story they paint this good picture about the company but when you meet that load planner dispatcher fleet manger this where the lie is at in trucking none of these guys you never see or meet until you get out there and start running and then you find out that this guy is not your friend he is not even their to make you or this company money he is there to destroy you and the company most of these guys never drove a truck they have an education but they can’t plan a load don’t know what it is like to live on the road and don’t care about dot rules your life people safety they just want freight move and when you don’t do what they tell you you have a problem the fleet manger load planner dispatcher work together the owners do not know what is going on because they have money and let someone else run their company all they know is that every week.

    they need drivers because these guys know how to cover their job keep in mind they’re smarter than drivers and the owners because if a owner knew anything about a business well he would not ever hire people unless you have put at lease 20yrs or more on the road behind the wheel as a driver to plan freight be a dispatcher safety mangers or fleet mangers because these guys do not know what they’re doing and when mad day come they tell you things like, thats why i don’t drive a truck you choose to be a truck driver so you don’t need to shower eat take a break run a legal load and when they run across the wrong guy like myself they get mad and destroy your dac your life and get away with it call you trash what ever they can do to make you mess yourself up in the business.
    i don’t take that so i am a dislike trucker in the business but i can’t find a job anymore i am hurting i won’t lie i am very broke from this business and good trucking companies won’t hire me because they buy what dac say about you and others companies i am going to tell you a story that happen to me in my life and i am going to tell you how i feel as a person that live in the usa and i wont you to reply back on your feeling i got in trouble with the law when i was 20 or 21 i shot and killed a guy that was trying to shoot me.

    Took a plea bargain only because the lawyer told me that i left and come back so did the other guy so if he would have killed me he would have been in the same boat so i made it lite on myself because if i fought my case i could win walk out free or spend the rest of my life in prison well i was 20yrs old i didn’t think this was right when i was just protecting myself from a guy that was on drugs that had gone pass his head of thinking i could not get away from this guy someone was going to kill him i hate it was me but i can’t change anything the guy lost his life by me and i lost my life by the system i was guilty as charge and his grand parents felt like i had to pay but they also felt like he was wrong and did not make it hard for me because we were boys and his older brothers and my older cousin should have stop us, but instead they let this get out of hand.

    Thats is the way the grand parents felt so i got 8yrs in prison stayed 13 months got out on good behavior never been in trouble anymore but my point is that i was driving a truck before i went in i never had a problem getting a jog then came cdl dac you name it now my case have nothing to do with me hurting anyone on a job in a truck but the feds allow the trucking co to pull your records for 10yrs and companies that want to discriminate they flat out discriminate against you.

    For 33 yrs i went up against this and it lesson my chances for being a productive person for my family crediots you name it it not fair i guess you can tell i don’t have a education because i can’t spell anything but i want to be heard companies are really afraid of guys like me because they feel like if they don’t pay us or cheat us we will come in and shoot up their offices which a lot of them need it but that not how i do it i just quit and move on but after sept 11 all that change.

    these guys are really good at covering theirs butts they’re crooks that should be in prison i have had 3 to 4 jobs in the last year that last anywhere from one wk to one month in about a half i am going to tell you about them just to show you what we go though i have a rig sitting out side right now for jbs carriers out of greeley co.i apply to so many companies until i felt like it would be easier to pick up a gun an rob someone i had a clean driving record job record was bad because i quit because they lie about your miles pay home time trucks you name it they lie so out of the blue jbs carriers call me and i am really wondering why what did they see that other company didn’t all i really had on my dac was a felony 33yrs old and two jobs that i only stayed with for about a month or two so they process me and told me i had the job so i went on line and ask others drivers did they know anything about this company and i got feed back they told me to stay away from this company this is the worst company.

    i have ever drove for they told me that they have new trucks trailers been in the trucking part of the business about 2 or 3yrs pay 40c mile but it not even worth the hazel stay away so i told the recruiting guy what i had heard i told him i am getting bad feed back on your company i told him that others drivers that drove over here that your dispatcher just leave you sit on the rd don’t reply back to the drivers so he told me that most of that is the truth but it is mainly the drivers don’t send the load movement in so the guys don’t really know where they’re at so by me being a driver. i know you have new drivers out drivers don’t their jobs so i kind of bought his story but at the same time i told him that greeley is a long way from new orlean and man if you are not a good company i don’t want to come but at the same time i am looking how long its been since i had a job and what would the wife think so i took the job i borrow 100 from my son 100 from my daughter and i had a hundren my other daughter didn’t come cross so i was afraid to go this far with not enough money to get back so i asked my kids if i get stuck will they rent me car to get me home they said yes even tough i knew they needed their money but they want to see their daddy work but they know they’re taking a gamble because if this don’t work they’re stuck and even more stuck if they have to rent that car.

    so at the same token they know its not going to work because they have miss out on a lot of things in life because of me being a trucker these people are untrue and make you not a man of your word your kids wife is just hoping for the best for you but it don’t ever work most truck drivers have tried everything to try to take care of our families i tried gambling hoping to win big own three truck of my own nothing you try don’t work these companies have us in anything we try so i have gave up i don’t know how i am going to get money because i have spent my whole life in this business i don’t really know anything else but when i got on the road with jbs it was just like they told me and i knew i was in trouble and my trucking career was over at this point not only do i have a felony against me and bad jobs referent but now i got to dead head this truck home because i have no money they lie to me left me in two different whse without food showers because they run an elog and when you move this truck the every one has to plain just right but the load planners don’t know how to plan the trip and they find guys that never ran this elog and blame them i am real smart when it come to trucking so that them two days i laid at those whse i study my planning the elog and i knew it wasn’t me because they knew i was green to a elog and i was going to get the blame so that morning they change dispacther in less than a week i had 3 dispacther so i didn’t move i got unld that night picked up my 11hrs next day no load so i headed out for a truck stop to eat and shower maybe 20 min after i move that trk i got a call telling me i had a load in tunnel hill ga i was in mcdoungh ga i told scott i knew he was going to do that as soon as i move he was going to give me a load so the ld lded at 1700 so i change my plain i got fuel in route went about 20 miles to where the load was going to pick up at found a trk stop plain my load out then they change dispacther on me i met this lady name pattie she started running this game on me we got in to it she told me that the load was ready and i had enough time to pick up the load i told her that i haven’t ate in two day or shower she told me you choose to be truck driver thats why i don’t drive i told her that just because i took a job as a driver you think i am not to eat or shower she told me to go get the right now like i was a kid i told her that i not going to pick up no load until i shower or eat this is just a job you don’t own me you tell your husband or your kids when they can shower or eat so i call my wife and had her to call the shipper to get directions because she was on the road with me for a long time just to take some of the stress off me i all ready knew that by me moving that the load could not be haul at the time they had it plan pu 1700 del 0400 my dat started at 0600 or 0800 but when i got to ext326 i 75 n they let me sit until 4 or 5hrs later when i went back in the sb at 1204 mountian time so i could’t run the load so the load was not ready so i told my wife i am going to the shipper to prove to her that i cannot run this load so if it is ready i will be late on the other end but befroe she would stay where i was until i take my 10hr break she force me to move then call me back at the shipper and told me that if i would have move when she said move and not ate or shower i would have had enough time to run the load and i reply by saying that how am i going to pick up a load that not even ready so she got mad because i had my wife to call the shipper and told me that i had my wife in the trk with me because she heard a woman voice in the background and i told her how can i have my wife in the trk when i just started and you haven’t got home to get my clothes more less a wife because you keep lying about getting me home so the fleet manger was standing right there and she told me so i replied by saying what do i care how would you feel if i park this truck and get me a cab to the bus station so she told me that if i did they would charge me 500 dollars for leaving their equipment and put it on my dac and i told her i didn’t care the state could have my lic and she could have back their truck i don’t care if i drive anymore anyway because i was tired of being abuse by trucking companies any way so she clip my card so i assume i wasn’t going to be paid anyway and was not going back to greeley so i come home and parked the truck in harvey where i park every truck i ever drove so i assume they not going to pay me or get be back home so pay to get your trk home with the money i earn and greeley is a all white town from what i can see and i feel i will get in trouble out their they can say a guy like me did anything and make it stick and i know if one of them touch me i will be all over the paper in greeley so i feel i done the right and wrong thing for my saftey i am from new orlean we are a black town but people come here from all over and we let them have their fun but people that don’t travel don’t have a clue this is 2011 and they still have places in the usa that a black can’t eat in and they have had black people that have away from since the begging of freedon and the white world will be the first to say that color don’t have anything to do with nothing be forreal i am thinking about being a writer because i want to share my life stories with the world i can’t spell but what i know about companies the usa i have seen it all and our leaders just don’t have a clue about the things people can do to hurt others people i am 50yrs and i am tired of taking this b/s off of companies going thur racism and people telling me what im not qualified for flat out discrimination these are not employers that do this to people these or people that don’t even have a company that run other people companies work for someone just like i do i grew up in a little town call gloster miss and i never really seen racism until i became a truck driver and live in these big cities to hang a man or dragg a man was sport compare to what peoples do to you on jobs that they work like you do every wan’t to check out the truck driver backgroung make show he is not on drugs what about the ress of the world people that suppose to run our country for equal rights liberty justie and for all well i am here to tell you that it don’t exist and i can tell you and show why it don’t human resources people that work there can throw anyone application in the garbage they wont if they see you boom there it is if you have more experience than one of these rookies boom there it is your application wont make it no further than him most of thes people went thur the buddy system no education no computers training i was on the road when all this took place most of them are dumper than i am and when it come to pay you tell me whats fair when a guy do the same job that i have done all my life at 25 he hav 400,000 in the bank and at 50 i get to start over if thats not raicims i like to know what is no none wan’t to hear from guys like me for show because i know how this game is played to well and guess what i have 5 kids two of them finish collage one in collage and the other two doing ok off my teaching them right way to go but they will never live the dream and i won’t tell them the dream was only built for one race of people you can’t built a dream working for mickey d’s i can show you just like a city like new orlean la if you make 10 to 15 dollars hr you can’t work but enough to make 200 a wk all of that is unequal justice you can’t be a trash man anymore unless you have an education good credit no felonies what agr they going to do with all the peoples they have starve out of the system because of rules then they wonder why people commit crimes sell drugs because life is unfair that why i have been told by trucking companies that i am a loser you know it is bad when you began to feel like one just because you want let people jack you around i am a stand up type of guy and i really belive in what god but somtimes i wonder about the good book i am just hurt in life i can’t face my friends my family bill collectors my family raise me a good guy i just took a job in life just was something i was good at and enjoy it but now i wish i would have stayed a plant worker my job before jbs was nfi i stayed their about2 months they told me i was going to be running 4 or 6 states i like to be home so i took a flatbed job i don’t flatbed but to get home on wkends i took it they asked could i run a forklift i said yes because you had to load yourself and they sold me on your work how you want to you set your own schedul so i get their i took my son with me and sit him in class where he could here what these people had to say because it started to look on paper i was a loser and didn’t want to work but i have been working since i was 15yrs old but they know i have been around a long time so they know if they don’t deliver what they offer me i dont’play i quit but this long paper trail follow me after dac they don’t hurt the company they hurt the driver common sense tell anyone that if a guy been working for this long he is looking for something if he keep quitting jobs this guy is not lazy he is being mistreated but not truck owners or dac if i was lazy why not just sell dope i did time so you tell me i get to eat free and work if i want so that can’t be the case at all i have to like what i do i don’t like cross country i dont like local i like out of town and back in that me with time off my kids are all grown i don’t need to run like that any more i just want to make a living and feel like a man and do have to depend on no one for money before the system will give me anything they will make me commit a crime i don’t know how to live without working i am not a bump on drugs or drink so much that i can live under the bridge i don’t know what that is like my mother and father are still living but they didn’t raise me i love my sisters my kids and family friends but but i like my own so i don’t know how to make it without a job and getting into trouble not my cup of tea but it seem like life is force me into something i have been trying to stay away from my whole life i know i like to talk but i have a lot to talk about and i jump off the point but nfi get me out their with this moffett something i have never ran in my life suppose to have been loading cardboard from behind walmart turnout to be bails plastic load about once a month we were hauling it to baton rouge i like the job because i was runnuin out of town and home almost every night off every week end payed 7 dollar a ton but then they lost the contract in baton rouge and then they wanted you to load the truck which may take 2 to 3 days haul it for a flat rate of 250.00 i told them i could not dot that for that price i feel like you are working me for free all ready you work all day and the next day for free until you got the truck loade then you haul it to the mill and they took 2 of our loads a week so you had to beat the others trucks there and they call this a good job it was a joke i gave them theirs keys and told them i would either haul it for 250 a day or load the trucks in a 12 hr day for but they didn’t go for it and my job before this one was natural resources recovery i met this guy when i had my own truck he offer me a job driving tt but he had another driver on the truck that had gave him a two week notice so he offer me a job driving a rollofffor one week until this guy quit so i told him i have never ran a roll before he told me nothing to it i will show you so i drove from new orlean la to baton rouge everyday so 3 or 4 days pass and he ask me how do i like the job and i told him i didn’t i said it is two types of trucks i will never drive anymore that is a rolloff and a mixer he started laughing so i ask him when the tt was coming open he told me the big bosses had parked it so i hung in there as long as i could do that job then out of the blue he hired one of his friends for the job i quit he wrote me up for not being able to commit to the work sch so i file for unemployment on him and beat him in appeals court now my job before that recreational vehicle transport inc i stayed here with this guy for 9months i loved this job i loved this guy equipment the haul the way he did business the pay everything this guy and my self

    we started his company we had about 80 yrs or more combine exp. he new trucking and he all ways told me as long as he had a company i had a job he payed me for everything we never haul anything we had to unload tailgate so i sold my rig so out of the blue he started picking up freight that had to hand unloaded so before he would allow me to do something we agree we would never do he got rid of me and let me drew my unempolyment in the process of waiting for unemployment and trying to find another job i got broke lost everything car truck boat and sold rig and i just went down the drain after that i lost my interest in trucking companies thanks if you want to contact me for anything my number is 601-810-5998

  18. Moises

    I am a driver for a small company. The truck I was driving caught on fire and I was no able to save anything. All my stuff burned such as CB radio, GPS, Computer and more. I provided a list of these items to my employer with receipts and all and he tells me the insureance refused to pay for them saying they cannot prove they were in the truck. He tells me his claim has not been paid yet as well, but I know this is not true. My question is: Do I have the right to claim the items I lost in the fire?

  19. Tamara Kimbel

    I drive for a sub contractor, hauling expedite. I get paid by % of the load. The only load wage I see is on the qual com.(very small total for a lot of driving hours) Where and how do I get the actual settlement for the loads I take, so I know Im getting my correct % paid for my runs? TY

  20. sandra

    My son took on a trucking job for a company that has only been in business for a year it is a husband and wife run co. They are a young couple and they seem to be really sweet and nice,They only have two trucks and my son took on the job as he was in desperate need of a job. the couple told him they could pay him per load, or every week or every two weeks, my son told them he would perfer by the load as he had his rent coming up in a week so they signed all the paperwork and the deal was done. I dropped my son off the next morning as agreed where he was to meet his new boss and we where on time but the boss was not there so we called him and he said Oh I will be there in 10-minutes I forgot. Well an hour later he showed up and they left and I thought that was it my son was off to get the truck and be on his way, well I was wrong, later that night I recieved a call from my son telling me that they went to get the truckand it was in the shop being fixed and he had to wait fior it then he had to take his boss running around townand then he could leave in the morning to pick up the trailer and then his first load. I told my son this is already a bad sign. The next day my son called said he was on his way and he would call me later. I recieved a call around 5:00am he said that they where only allowing him to put $200. worth of fuel in the truck at a time and and to make matters worse he discovered that the fuel gage was not working on the rig and when he told his boss the boss said Oh yeah I know I forgot to tell you that you have to check the tanks with the yard stick. Long story short over the course of two weeks time my son broke down with this truck of theres over (6) six times and had to walk in 20 degree weather at 2:am over 12 miles at one point carring gas cans just to get fuel and then they refused to give him more fuel so he paid out of his own pocket and by the time he got back to his rig the highwaypatrol was there and and when theyheard what my son had been through they thankfully where kind enough to follow him to a motel and I wired him some money so he could get a room and shower and have a warm bed to sleep in as he didnt have enough fuel to run the truck over night to keep warm. My son made it back with his last load on thanksgiving morning (1) one mile from his destination where he was to deliver his last load when he ran out of fuel, because once again they shorted him on fuel so I drove out to where he was and followed him to where he had to deliver his load and his boss was there as well and my son took all his things off the truck and gave the boss the keys to the truck and asked for his check and said I quit. the boss looked at me with a big smile called me MOM and said can I call you tonight and you and I can meet tonight or tomorrow and I will give you his check because I have to go home and figure out how much I owe him. Now this couple refuses to pay my son and they are claiming that my son never delivered any of there loads. I am at a loss with this one and I can not even begin to tell anyone what my son is going through right now. I am wondering if anyone has any advice how we should deal with these people and also to let everyone know that my son is not there first victum they have done this to (4) other drivers one of which they put in jail in Ohio and he is still there, they accused him of steeling there truck when they did this to him and he left there truck in another state and took a plain home and mailed them there truck keys and told them good luck geeting there truck back home. You see neither the husband nor the wife can drive a truck. asking for some good advice…

  21. Lisa

    My brother works for a trucking firm and he has some repair issues with company truck. The steering column is loose and he cannot turn off his truck because it will not start back up. The companies response to this issue is that we have a lot of trucks down but in the meantime use starter fluid in the event your truck does not start. This is a great infraction of ethics and safety!

  22. ray

    I told my employer i haven’t slept and it would be safe for me to drive I was up over 30 hours. I told them I’d take my route out the following morning. I got written up. any thoughts on this?

    • Allen Smith

      Without knowing all the details, I’d say that the safety and well being of their drivers are not on their priority list. Have you looked for another driving job?
      I would call Paul Taylor of Truckers Justice Center and/or Rich Wilson of TCRG Consulting

  23. Jeff m

    What do I do if I met the companies rules to home time my fleet manager deleted the messages on the Qualcomm for my home time and said I won’t be home for two months

  24. Barry

    With electronic logs is it legal for companies to alter or change your log with out prior approval from the driver and what legal avenues do you have should that be happening at your company for making them correct this issue.

    • Allen Smith

      No. The company must receive approval from the driver before any changes can be made. Driver and Company can face big fines in altering logs. Legal avenues can include reporting such company action to OSHA and the FMCSA.

    • Barry

      thank you for your reply

  25. al100

    hello Allen Smith, is there a email I can reach you at? I have some serious questions that need some answers

  26. Raquel

    We have a friend that was hired by a trucking company in Illinois to do deliveries in and out of state with their trucks. They asked him for a $2,000. security deposit which would supposedly be returned at the end of his employment with this company. From what I understand they do this to assure that the truck will be returned and in good condition etc. When our friend decided to no longer work for this company after a few months and asked for his deposit back he was told no we’re not returning it. According to him they are just giving him the run around and denying him his deposit even though he returned the truck exactly as it was given to him etc. I have no experience whatsoever in trucking and just asking for a friend. Any feedback would be appreciated. I personally think if they go to a lawyer, they’ll end up paying more than the $2,000 that he’s owed and they know that.
    Thank you

  27. Kathy Wilson (wife of a driver)

    Question: my husband is a driver for Marten transport from mondovi, Wisconsin. He was hired knowing his working\drive time was 70hour work week. Years went by and I believe no problems until… January and February my husband did good almost made 10.000 $ so far. Then he put his truck in the shop in wilsonville.. K just have this in the back of you mind,. Last month or so he can’t do runs because of hours. Recently, husband states he has 8 hours, dispatch says they see 18. Dispatch tells my husband to call Qualcomm. Qualcomm tells my husband that his problem is that your hours were set at 60hours a week. My husband had no idea. He’s being lied to and ripped off, right?

  28. Kathy Wilson (wife of a driver)

    Too much to text I’m handicapped and need help sors talk to me to figure out what I’m trying to say

  29. Shanique

    I had a contract with a trucking company for 9 months however i went home due to the fact they did not do all the things they said in the contract they will do for me so what do i do?

    • Allen Smith

      Did you discuss it with them before you decided to go home, or did you just decide to leave?

  30. Erik

    Hello Allen Smith i have a problem i can’t get a job driving trucks again because my new employers wants to call my last job “swift” that i was terminated from i was late for a random drug test and was asleep in my truck at the time when i gone in to take it but they refused to let me take it. After ten months i apply for CR England for a job and everything was good until they called “Swift” to verify i had worked for them at that time “Swift” then tuned me in for the refusal ten months later? i got a letter from The Department of Licensing about a Hearing a notice of CDL Disqualification after a month The hearing Officer’s decision was in my favor. Therefore, the pending Disqualification has been cancelled. But even after this i still can’t find a job because “swift is telling them i refused my random and any help would be appreciated.
    Thanks for having the time to read this.


  31. Sandy plesky

    My husband worked for a company an was on salary of $1000 a week everything was fine until ty started taking personal loans out of him very week. They have been from $200-$400 dollars when he asked about them they said thy were deposits on the equipmen . He got a different job and left them. Now thy are saying tthey nevr took the !money oiut for deposits and he won’t be getting it back. Who do we contact for this?

    • Allen Smith

      Truckers Justice Center

      Law Office of Monika D. Jenkins, Pllc
      Free Consultations -(214) 299-8685

  32. abdelrahmen belhaj

    i got hired from a company to work with them. the guy who i was working with didnt pay me the full amount that i was accepted. what i have to do ?

  33. virginia

    I am a truck driver and I worked for highlands whole sales foods .I was over my 70 hours work week and my dispatcher had told me to drive even if I didn’t had any more hours . a few weeks later I was let go from my job. I being there six months he was there just over two weeks. And since he started there I was let go , I felt I was mistreating. Cause I did not do what he would ask me too do.

  34. virginia

    I am a truck driver who worked for Highlands whole sales foods from 10/2015 from 3/2016 and my new dispatcher would tell me to drive over my 70 hours work week and a few days later I was let go and he just started working for highlands whole sales foods from Stockton .ca I felt I was mistreating , I was a hard worker never had a accident. I missed one pu because of traffic in LA .ca anyone that’s been in LA knows how heavy traffic is there in a Friday in afternoon . were can I report him for even asking me to driver over my hours then letting me go because I said no. please looking for answer .

  35. Manpreet

    I’m owner operator and took rental trailer from my dispatcher.
    During my trip trailer got very few scratches.
    My trailer hold my $5200 load paycheck and I applied insurance claim but trailer owner not give trailer for inspection to insurance claim adjuster.

    Kindly somebody help or way to resolve this problem

  36. Brenda Romo

    I have a question concerning legal hours of service. I am a local hazmat tank truck driver ( I haul gasoline, diesel). My employer is basing weekly hours on an 80 hour a week scale….My question: is this legal? I was always told 70 maximum a week, then a 34 hour restart is required before a driver is legal to work. My employer also does not follow the 30 mandatory break during hours of service. I was told it was not required for them to give drivers a 30 minute break since the drivers are paid for their break. I have always followed the DOT regulations, and those regulations clearly state that a driver must shut down for 30 minutes during any work day for a mandatory break…..

  37. Jayson

    I’m working for a company and I’m driving a class a/b required truck and being put to drive. I know this is wrong and it stress me out gives me anxiety. Can I file something towards this company… safety is definitely an issue!

    • Allen Smith

      you don’t have a CDL? What kind of license do you have?

  38. Anthony Thomas

    I am a long haul truck driver woking for a O/Operator till mid january 2017 in calgary Alberta.They have not paid my wages till the time i worked with them . Can u suggest any way to file complaint against them. If you need any further details please email me , i will be glad to share the details.

  39. brent

    I started with this auto hauling company which lost there authority in the middle of a load now I’m stuck in Las cruces they have paid for a hotel hence trying to get there authority back…but I was asked to find a storage place for the truck and assume will have to sit with the truck till its load is sunbed out .I want to get back home and put this nightmare behind me .what do I do demand a ticket home ???thanks

    • Lillia

      Brent, I am contacting you on behalf of a friend in a similar situation. Did you get any help or information about what your rights are as a driver, when your company loses their “authority”

  40. your rights. Under federal law, you are entitled to a safe workplace.
  41. anonymous

    I was wondering does ILLINOIS have a law on the books that states that if a driver has an Air Conditioned Cab, but the AC is broken – does the company (Moran in Elk Grove Village, IL) need to fix it? If not, can they get fined? f so, what time turn-around time for repairs? How can you file a complaint?

  42. Ron.F

    Yeah well it apparently don,t apply to melton truck lines , i delivered my my told them in writing via quallcom that i needed some rest i only had 2 hrs left anyway so it is agreed i will go take my break , i get to the truck stop where i was to fuel at go on break and wait till after to fuel , i am on break 1.5 hrs and a tow truck shows up say,s he was told to get the truck we argue and HE say,s well apparently you have been fired , i made some calls and sheriff made him leave , so they say ok go to el paso and get a load to tulsa instead told to clean truck out , i am over 1000 miles from home and 2 day,s b4 i went right by the house , i contacted osha but not hoping for much , they seem to be above the law

  43. CONNIE

    what about a no-fault to driver rollover, suspension airbag is the suspected equipment failer, stated by arkansas state trooper, that caused tanker to rollover.

  44. Jennifer Johnson

    I put in hometime and was told to come to the terminal and they would load me from there in Transit my family member took ill, My company said they will get me home on the date I chose for home time. when I got there they said I had no load and have to sit until dispatch come in on Monday. What can we do when they promise us we can go home and dont keep their word.?

  45. Brenda Robinson

    My friend worked for a trucking company. My friend is an independent contractor. The drums froze. Tires wouldn’t move. My friend got permission from the owner to use torch so tires could move. The tires already needed replacing and the owner told him to continue driving and caused further damage. The owner took out $300 for repairs. Is this lawful.

  46. Lucy Hicks

    My brother is being stiffed his full pay from a trucking company he delivered a few loads for. He isn’t on their payroll just a driver that they hired for these loads. He was stuck 4 days in his truck with snow and the owner of the company not sending any fuel money. He had loads with multiple stops. We though him holding onto the truck would force her to pay and get her truck but instead she picked up the truck with the sheriff and he still didn’t get a single penny for being out 2 1/2 weeks on the road. who can we contact? I feel like these people are the ones that close and open MC’s like people change underwear.

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