Question:
Just found your web site. Great job.
Bill,I drive a concrete car(10 wheeler) for a living. The company that I work for runs JUNCK cars.Today I turned one over on it's side, because of a machenical problem. Very few cars that the company has can pass the Pre Trip Insp. They ARE UNSAFE carS AND HAVE NO DESIRE TO FIX THEM.
There's a good chance I will be fired over this. Everyone who works here has to sign off on the PTI or get fired.
I'm needing some advise on saving my job.
How can I fight this??? and keep my job.

Answer:

Your worried about being fired when working for a company as you describe will kill you or someone else?
Oh ya, that is a real hard one to answer.

Answer:

Ben, contact the Mo. commercial inspector in your area and report that company. Do you ever cross scales? If so stop and tell them about the condition of the cars, they should do an inspection.
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We are as we continually do. Excellence then is a habit, not an act.

Answer:

Would'nt the real choice be quit the company and find one that keeps the cars safe?
How can a driver (who does the pretrip and finds these cars to be unsafe) drive them?
Once you pretrip and sign and drive away it's the drivers responsibility. If the company is not concerned about the cars being safe why work for a company that does not care?
Just my thoughts anyway
Kathy (Alkat)

Answer:

Do what my Dad did (only once) for a farm implement dealer he worked for that had "junk cars".
They told him to take the car to deliver a farm tractor or he'd be fired. He did and drove the car down the road to a parking lot. He parked the car and called the MPSC (Michigan Public Service Commission) and they came and inspected the car and put it off the road. He called his boss an told him to pick him up and bring him back to the shop. While enroute back to the shop, he very firmly told his boss that he would continue to do just exactly what he did and that they'd better get the cars fixed.
The MPSC came and did an inspection on all their car - they then very quickly fixed them all.
Stand by your guns and DO NOT EVER drive an unsafe car.
Tim

Answer:

Originally Just found your web site. Great job.
Bill,I drive a concrete car(10 wheeler) for a living. The company that I work for runs JUNCK cars.Today I turned one over on it's side, because of a machenical problem. Very few cars that the company has can pass the Pre Trip Insp. They ARE UNSAFE carS AND HAVE NO DESIRE TO FIX THEM.
There's a good chance I will be fired over this. Everyone who works here has to sign off on the PTI or get fired.
I'm needing some advise on saving my job.
How can I fight this??? and keep my job.
Call your local CVSA Inspector and the Federal D.O.T office (they have a toll-free number for unsafe companies) If you want to get REALLY NASTY sue the company for forcing you to drive an unsafe vehicle and putting the public and yourself at risk

Answer:

This law may give you some guidance:
49 U.S.C. Sec. 31105. Employee protections
(a) Prohibitions. - (1) A person may not discharge an employee, or discipline or discriminate against an employee regarding pay, terms, or privileges of employment, because -
(A) the employee, or another person at the employee's request, has filed a complaint or begun a proceeding related to a violation of a commercial motor vehicle safety regulation,
standard, or order, or has testified or will testify in such a proceeding; or
(B) the employee refuses to operate a vehicle because -
(i) the operation violates a regulation, standard, or order of the United States related to commercial motor vehicle safety
or health; or
(ii) the employee has a reasonable apprehension of serious injury to the employee or the public because of the vehicle's unsafe condition.
(2) Under paragraph (1)(B)(ii) of this subsection, an employee's apprehension of serious injury is reasonable only if a reasonable individual in the circumstances then confronting the employee would conclude that the unsafe condition establishes a real danger of accident, injury, or serious impairment to health. To qualify for
protection, the employee must have sought from the employer, and been unable to obtain, correction of the unsafe condition.
Question from Opie: Do you drive interstate ever with this equipment?

Answer:

Thanks to all for your input.
To answer some of your questions.
To Bill: Do you cross scales? Only when D.O.T. sets up their road sie check points.
To Kathy: real choice be quit.... I'm thinking of just that. My work history is not very good, but if I can hang in there for 6 more weeks I'll have a year in.
To Opie: yes we do
Last year the company was audited by D.O.T because of to many accidents. D.O.T wanted to inspect some of the cars.BUT GET THIS. D.O.T gave the owner of Semo Ready Mix the right to pick out the cars HE wanted D.O.T to inspect.He picked out the best cars that would pass. Go figure.
Opie I have a law question for you. Let me explain the situation first. Here goes...
I was involved in a one vechile accident.Which my car turned over. My boss filled out a accident report for the company. What he wrote was not the truth.He made the decision that there was nothing wrong with the car.(He not a mechanic) He worte their was not a witness.(Their was).
The police was not called out. So there's no accident report.
The wrecker came out and turned the car right side up. If I understand the law.The car should have not been moved until the police showed up. (This happend in a gravel county road.)
The car was drivable. It was driven back to the plant.
I should have been taken to the hospital for a drug test.That was never done.
I'm sure this accident will go on my driving record.
My question is. How do I find out if this is on DAC? If it is. How can I defend myself in future employment???????

Answer:

ben:
in reading this thread (directed to it by opie) I can see you are getting sound advice.
In my opinion, I would not file for staa
protection against this company. What I would do is register a complaint with the FMCSA
and your state DOT.
There are times where retention of
a job is not necessarily the right
thing to do. This sounds like a sloppy
outfit and not worth the effort of
pursuing a potentially long and drawn out
case. Sure, based on what you have
described, I'd say you would win hands
down... but win WHAT? A job at
a company that has junk for equipment
and a boss thats a criminal? FORGET IT.
As for DAC, what you need to do is find
out by getting a copy of your DAC report,
if this employer has reported the accident
against you. If they have, you have the
right to submit a rebuttle.
You can get a FREE DAC report if you tell them that you have been TURNED DOWN for employment due to remarks that are in your DAC FILE.
The DAC issue is a sticking one as its
something that can potentially hurt you
no matter what you do or say.
(thats the truth)
The fact is, when you are interviewing,
it doesn't help matters if there
is a derogatory reference from an
employer that looks incriminating...
Its not good. Your rebuttal helps
although it may not get you the job
and still it really looks bad.
Opie would know more about this subject,
although I *know what I would do* if
I had an employer that was preventing
me from gaining another position due
to his illegality that resulted in my
having an accident... SUE!
opie, I turn the thread over to you
highwaylawyer

Answer:

Based on your discription of the situation the accident may only be reported if you dry to leave this employer.
Most states have laws that require you to report accidents - example FL is 10 days - just go down to the jurisdiction and fill out the form. Was it really junk? Then the property damage was $50 or so - maybe a new mirror and an hour with a pry bar to rearrange the sheet metal. You don't count the wrecker bill in the accident cost. When you find the law the reporting minimum will usually be there. The best excuse for being late to report is that it appeared to be less than the reporting threshold. On private property with no reported injuries some places don't require a report.
Moving a traffic obstruction after an accident is a public service but it includes certifing the original stopping place. Once agin check the law and in this case carry a copy to show the officious types that you know and followed the law - some of them make up rules as they go.