Job related legal advice? Unsafe work vans, CA

[THEhomelessONE]

Vans are beat to shit, 200k-300k+ on original suspension, 1/3 of seat cushions missing, no ABS, broken mirrors, no AC, etc. All they do is slap on new tires every few months. Rainy season is coming up and I'm worried I'll wreck.

I drive 200-300+ miles a day in the vans, on highways and back roads. I've been complaining for months and no progress. Just bought a few new vans, so I was juiced, then he tells me I won't get to use them too often, if at all because others have more stops to do.

Is there someone I can report this too? Can I refuse to work if they don't give me a safe van? Without getting fired of course lol thanks.

[TurboJake]

If all the safety systems such as seat belt, ABS (IF Equipped), air bag, etc... work, there's pretty much nothing you can do. The mirrors are definitely a concern, but if they didn't come equipped with ABS, nothing else is, legally.
IF you have an accident, and can PROVE that it was because of bad shocks/bad brakes, shitty tires, etc. Then you can go after them. But only after the fact, and if you can prove it.

Suck it up buttercup.

[LSM3]

No true. Commercial vehicles in CA have strict guidlines. The problem is how to address the issues AND keep your job. What type of company? How big is the company? How many vehicles do they have? Heres an option. Do you ever see the CHP MRE F250s with the campers around? Have them "take a look" at your van. Any citation issued will be to the company/registered owners. Enough of those citations and they can shut down a fleet of vehicles..It mostly depends on the size/type of business you work for. Lmk I may be able to set you up with one in Oakland.

[e30vert]

Start wearing motorcycle helmets inside the Vans when you drive.At least your head will survive the crash and you will look like a race car driver.

[THEhomelessONE]

When I'd drive the trucks over 10k GVWR I loved it since CHP checked everything and made them fix it, but stuck with the vans now. They hire a rig to deliver and depo at Costco, so we're busy with the smaller stores. They've been around a while, food related. Around 8 vehicles in norcal and maybe 10 socal. I do, but only at weigh stations. Not necessary, appreciate the help though.

They've had me do some sketchy shit before, drive 22 hours non stop with a 26k truck, 16 hours on a fully loaded box truck with no tread, and on a Sunday when no tire shops were open, etc. Sucks, you stick your neck out for them and they don't give you the time of day, getting fed up.

Figured there were agencies especially in CA to protect people in situations like mine. Oh well, I'll throw on a helmet on rainy days and try to avoid any head on collisions best I can lol

[IRON-E]

Just call OSHA.

[TurboJake]

They've had me do some sketchy shit before, drive 22 hours non stop with a 26k truck, 16 hours on a fully loaded box truck with no tread, and on a Sunday when no tire shops were open, etc. Sucks, you stick your neck out for them and they don't give you the time of day, getting fed up.

I wasn't aware that CA had those laws, my apologies. Last time I checked it was much more strict on vehicles over 10k GVWR

But, what I quoted there, is rediculously illegal. Legally, you can't drive more than 11 hours, or work more than 14 hours in one day.

http://www.fmcsa.dot.gov/regulations/hours-of-service

I'd seek out better employment. Fuck those guys.

[Sine Qua Non]

just call osha.

+1.

[TimeMachinE30]

It seems you are operating a commercial motor vehicle. There are federal codes.... a whole bunch of them....that apply as a result.

As a commercial motor vehicle operator you need to be familiar with them. For instance, you mention the tread issue. If it is less than 2/32" on a steering axle that is an OOS condition. On a drive axle it is not. On the drive axles, what is done to work within the wiggle room of the law, is swap that low tread tire with one that is not in violation in a tandem. Totally legal..just a work around. Drive axles have more stringent requirements.

They kept you in a 26k truck as one more pound you would require a different license class. Different rules apply...different pay too I bet!

If you have issues, at the next weigh station, ask for a Level 1. If you still want more concern shown, call in to the FMCVSA or even the Feds (DOT. OSHA does not regulate CMVs.). An inquiry...or an audit can be done perhaps. This usually applies to paperwork and employment issues though (longstanding record of hiring unqualified or disqualified drivers, cooking books, etc.).

Wish you the best. Thank you for taking pride in your work and truck.

Start looking for a new job in the meantime. May be a good time to look into getting your Class A if you intend to drive professionally.

It is one thing to be operating a CMV where the truck has issues. Especially if you are not the O/O. Make sure your paperwork is straight... I've seen guys get popped with many OOS violations...The company leaves them high and dry at court left to deal with truck violations that are not his responsibility BUT he never kept his paperwork right and was driving suspended and unqualified (suspended Class C license on a five axle dump). Sometimes those guys who can't get hired otherwise by a legit company go with the company who turns a blind eye...job gets done...bills get paid.

[Eric]

You need a better job.


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[einhander]

You need a better job.

[rturbo 930]

+1 for new job.

[15Michaeljoseph]

Job related legal advice? Unsafe work vans, CA

you might be able to get their attention by setting one of said vans on fire? that seems to be the trend for employee rights... setting things on fire.

--Mike

[THEhomelessONE]

Lol I want to start selling baked goods at the farmers markets, or join the CHP. Need to get a few more bills out the way so I'm stuck here for a few more months.

Thanks timemachineE30, if I was over 10k I'd just ask the weigh station to check the suspension, but I'm using regular E250's and chevy vans so no weigh stations. It's funny though, they spend so much more on tires every couple months versus just overhauling the suspension and be gravy for another 100k, pure ignorance.

I at least have some idea on how to control a car. Worried about some of the employees driving them, especially the girls, no mad driving skillz. Don't mind too much in the dry, just an inconvenience, but if its going to rain, I'm not going to work.

Fire sounds good lol but they have cameras, I'll ask OSHA if they can help, thanks guys.

[TimeMachinE30]

Join CHP. Baked goods doesn't have such good security nor retirement.