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Working High Liability Position with Insufficient Sleep -- Need Advise

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DavidOrtiz

Guest
Hello, my name is David, I'm a State Correctional Officer Sergeant. I've been doing this kind of work for almost 10 years. I have a problem which I would like input on, especially from anyone who has legal, and/or medical feedback relating to this problem.

Here's my situation, and my question:

When I work a regular day, and I'm ordered to remain another shift, I have no problem, and comply as instructed. This means I work 16 sometimes 17 hours straight. It should be noted I travel an hour to and from work, which makes my day an 18 to 19 hour day, when I work a "double shift."

When I arrive at home in the morning around 9:00 AM, I have to wind-down before I'm ready for bed. This takes me approximately 45 minutes to an hour. I'm ready for sleep by 10:00 AM, and I know in my mind I have to be up by 2:00 PM, to shave, shower, and get dressed to depart for work. This gives me 4 hours to sleep, before I have to get back up again. Needless to say, I can never fall asleep, and I wind up calling-in and informing them I'm unable to return to work the same day, because I haven't had enough rest/sleep. My department seems to believe this is unacceptable, and is indirectly hinting that we must return back to work on the same day, regardless of the amount of sleep we've had, or not had. My question is: Can they "legally" force an officer to get behind the wheel of a vehicle, and drive 51 miles one way, and perform the high liability duties of a correctional officer regardless of the amount of sleep he/she has had?

In other words, are they (the department) placing themselves at liability in the event something happens? Bottom line: Officer works 16-17 hours, travels 1 HR back home, has less than 4 hours sleep, and is unable to return to work because of this -- can the department do anything to this officer because of this?

Any advise, and or feedback will be greatly appreciated. God bless, and happy holidays to you all.

-Dave
 


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buddy2bear

Guest
Ah Dave, I sympathize with you -- hubby drives trucks. Most of the time, I don't even see him while he is awake! He also doesn't get enough sleep. I don't think anyone really cares how dangerous it is not to have enough sleep until an accident occurs, then, of course, it is the driver's fault. Trucking laws have been the same for the last 50 years (less traffic back then) and even though companies "say" they don't encourage drivers to drive more than the legal time limit, what they don't encourage is driving more than the legal limit ON THE LOG.

In your situation though, maybe you should read the OSHA laws, they might have something in them. As far as the state and lawsuits are concerned, "sovereign immunity" and/or the ability to outlast and out pay plaintiffs in lawsuits takes care of the liability issue. What about your union contract? If there is nothing in there now, perhaps the next time your local goes to collective bargaining, you guys should insist that something be put in about hours of work.
 
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Always searching

Guest
Just a common sense observation. Why don't you get a rental closer to where you work. I went to school with a lot of people that work at Huntsville and there were quarters that you could sleep between shifts to alleviate the problem. They don't care you live 100 miles away, they want your body there at work when they schedule you there. There should be an eight hour break between shifts. Move closer or find a nesting place closer.
 
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DavidOrtiz

Guest
Move Closer??

You must be joking! I appreciate your input, but the fact remains -- why should I pay additional rent to "move closer" to releave their staffing shortage? I work my 8, and I have no problem pulling a double when people (who ABUSE their sick leave) call off.

The least they can do is not place me in a liability position. Why would I want some other man ^#%$ing my wife, and raising my kids because I was killed iin a auto accident? Sorry, but I DON'T THINK SO!

-Dave
 
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buddy2bear

Guest
Ha, Ha!! Always Searching thinks you should live where you work! Build an additional cell block for families of guards! Must be MANAGEMENT! Seriously though, what does your Union contract say about hours of work? Even if it is silent, maybe you can file a grievance.
 
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Always searching

Guest
No I don't think you should live where you work. I was just telling you the imput from the people I was going to school with at University of Texas. They suffered the same problems and most of them ended up sharing a rental because of the same problems. I didn't like criminals and although I have the credentials, I chose not to be a parole officer because of personal reasons. For your sake though, I would if I were you and did work doubles a lot, find somewhere you could rest or you could get into some real trouble. A grievence could work but I understand from many conversations with guards that they don't care how many miles you are from your job. They don't care if you have been rested and refreshed, they just care if you show up because there is such a shortage of qualified people. One guy just considered the job a sentence himself and worked a long number of shifts and then home for 4 days. Just an observation.
 
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DavidOrtiz

Guest
Aways...

I agree with you when you say they don't care about an oofficer's health. However, one of our Florida Administrative Code Rules, reads like this, "· According to Florida Administrative Code, Chapter 33-208.002 (4)(a) -- “A Correctional Officer Shall keep himself physically fit, mentally alert, and shall perform his duties fairly and impartially, and otherwise conduct himself both on-duty and off-duty so as to command the respect of fellow employees, persons on parole, probation or otherwise under his supervision, inmates and the general public.” Ok, so they don't obviously enforce the physically fir past, even though I keep myself fit.

However, this quote is from a Florida Statue, and it's a LAW. In this rule are the words "mentally alert." Well, if I'm up 28.5 hours without sleep, and thus feel impared, am I not breaking the law by getting behind the wheel of a vehicle? Am I not endargering my life, in addition to the lives of other citizens of the state of florida. I believe this falls under the "Failure to exercise due care" and if, God forbid, I get into an accident -- who is going to be liable? Unfortunately, as it stands -- I would be. Because the minute I get into an accident wearing my state uniform, the FIRST thing the department is going to say is, "Well, we never ORDERED him to report to work in that condition." Outcome, I'm sued for LIFE! On the other hand, if the department gives me a letter saying they don't care how tired and impaired I am, I MUST report for duty, THEN the liability falls on THEM. However, I was told they (meaning the department) wouldn't be stupid enough to do that. Reason? Because I've already given them a letter saying I'm to tired and "impaired" from sleep deprevation. All I need now, is a letter, or memo saying that doesn;t matter, or some kind of discipline from them toward me for failure to report for duty as assigned.

This way, when and God forbit if I get into an accident, I can had the civilian the letter I gave the department, in addition to the memo from them and/or discipline basically forcing me to return to work in this condition. Needless to say, that civilian will have a legal field day, and will most likely live comfortable for the rest of their live. Assuming the accident isn't a fatal one.

Thanks again,

-Dave
 
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Always searching

Guest
I doubt you will get that letter stating that they didn't put you in that condition. Thinking positively about this, are there other officers in the same situation? You know and I don't have to tell you, that if you stand alone in your fight, you will be set apart and punished. In groups, you have a better hope in changing things. Talk to your co-workers and see if as a group, you could file a grievence and change things to improve your situation. Let us know how things go. Another thought was...I don't think it is a good thing to talk about having a fatal accident. Sometimes what we say really happens. I just have seen in my lifetime some self fulfilling prophesies and I hope it will help you think about the speech you are using. Have you thought about changing jobs? Going into the military (you probably have already been there but...reserves?) Anyway we all wish you well and hope your situation improves. Let us know, we are interested in your progress.
 
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DavidOrtiz

Guest
Searchin...

Nothing would be better than having officers stick together during times such as these. Unfortunately, many of the officers who pull doubles and COME BACK the same day, live in Staff Housing. Yes, they have Staff Housing which is available for liek 14 bucks a month. Most of these guys are single, and want all the money they can get. Others have families, and also want all the money they can get.

So, many return to work after doing a double shift (even though they're half asleep). However, others like myself, refuse to come back the next day when we have to travel an hr to and from work. Money isn't everything. I know what you're thinking, why not move to "staff housing?" Well, one of the requirements for staff housing is that you "live there" at a minimum of 4 days a week. Unfortunately my wife has a career where we live and I have to help out with the kids. Besides, have you ever seen or heard what a bunch of Prison Guards, living together in a trailor park are like? Trust me, I'm far from those kinds of people and don't like what they do for recreation. Drink, get drunk after work, and sweat other people's wives. I would be in a fight almost every day -- I don't do for that kind of crap.

So, I keep my family life and personal things as far apart from work as possible -- that's just the way I am, very private and protective of my family. So the "living closer" thing is out, besides we just built our new home, and just moved in on December 30, 1999 -- it will be a year soon. I personally like to enjoy family quality time, considering I rarely see my (3) children.

I'm in the process of sending them a "certified letter: stating the effects of what happens when one is sleep deprived. this will prove they received it, and when they order me to work, or discipline me for not going to work... then I'll have all the ammo I need if the event "something" (I won't use the other words you mention) happens. In closing, if I say I'm to tired to work, and drive, and they discipline me or write me a letter saying it doesn't matter -- what do you think I could do if something were to "happen?" Basically, would YOU if you were my boss write me a letter like that?

As far as officers sticking together -- that's another story. People doen here talk a lot, but when it comes down to it, they HIDE!

-Dave
 

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