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What is the name of your state (only U.S. law)? Kentucky

This is a workplace issue, but probably will only result in an "occurance" being issued, wont know for sure until Monday. However, I need some advice on this as I don't feel an occurance should be warranted.

My Husband is a Driver for a packaging carrier, however due to the economy, he has been working only "Dock" work for almost a year just to keep his job. Actually, he is working a split shift just to get hours (you do what you have to do) He is only taking a peddle run about 1x a month these days so it is not part of his Job really anymore. This is only asked of him when he is a last resort, no other drivers are available.

On 9/10 - he clocked out at 9:45, went to sleep about 11:30 and scheduled to be back at work at 4am so he got up at 3am. This was approximately 3 1/2 hrs sleep. Pretty normal for him on this shift. He worked from 4 - 9:20am and went and ran his errands, went to the gym, etc. Things he typically does during his day. Usually he goes back in between 5-5:30pm and works until about 9 or so.

Yesterday, he was contacted at 3pm and told that he may have to take a road run that evening, to get a nap. Well, he tried but its hard to sleep at a drop of a hat (he managed to get about 1 1/2 hours)

He was told to be there at 7:30 which at that time he would take a peddle. When he does that, he doesn't arrive back at his home terminal until 5 -5:30 the next morning. He has to work the Dock at the destination before turning the run around. He was exhausted and really said he was scared to put a pup trailer on the road (he runs doubles). He was worried about his safety and the safety of others.

He expressed this to his terminal Manager, he would have been up for 27 hours with only a 1 1/2 hour nap and only 3 1/2 hours of sleep the night before. The terminal manager wasn't concerned. Then my husband discovered another driver was available for the run, but just "didn't want to take it" this driver had only been clocked in since 2pm and worked straight shifts.

My Husband told his terminal manager that he refused it not feeling safe and after words back and forth, my Husband came home. We know that on Monday, its going to hit the fan, we are expecting it. However, due to circumstances, is there any hope of fighting any administrative action. He has been employeed there for 5 years, has never, ever been late or refused to do anything. I was actually surprised he did this last night, but after talking to him I am glad he did for everyones well being, he was exhausted.

Had he been informed of the possibility of a run when he clocked out like they normally do, he would have ensured he was rested and this wouldn't have happened
 
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ecmst12

Senior Member
The law does not get involved in matters of workplace policy or discipline. They would not be breaking the law by writing him up for this reason.
 
Thank you, I am just grasping at this point. I am working on preparing a timeline/letter in case they do "write him up" for him to address to HR....Don't know if it will do any good, but he won't take it laying down. I understand that they needed someone to take a run, I also work for a competetor packaging carrier so I know how this goes first hand. But, his position would be that there was another Driver available that could have done it safely, he just "chose" not to and the terminal manager "chose" not to force him. This driver clocked out prior to his 8 hrs being up. I know that my Husband made a "choice" too to refuse the run, but I agree that safety should always come first especially when you are risking running several hours on an open road with pup trailers...just not worth the risk to everyone on that road, including my Husband.

My thoughts are just this, had my Husband just "sucked it up" and taken the run knowing his lack of sleep and already being tired, had an accident occured it would have been "his fault" for not letting his employer know. It wasn't worth the risk, so I guess we'll see what happens from here. Thank you again.
 

ecmst12

Senior Member
Your husband made the right decision, but if he makes too big of a stink about the write-up, they can quite legally fire him over it. He needs to tread VERY carefully if he wants to keep his job.
 

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