Logs, Randoms and 34's

[DriverX]

Yes we were oos, but were told I came p therefor I had no choice.I have talked to OOIDA and were told that CC could not do that under law, but If I refused it wold still go on my record and then I could take legal action then but the damage would already be done.
As usual, CC has their own way of doing things and the drivers are at their mercy!

 

[layoutshooter]

Yes we were oos, but were told I came p therefor I had no choice.I have talked to OOIDA and were told that CC could not do that under law, but If I refused it wold still go on my record and then I could take legal action then but the damage would already be done.
As usual, CC has their own way of doing things and the drivers are at their mercy!

Dumb question, not meaning to be a pain. Did you take your truck out of service? Did you take yourselves OOS? We have ALWAYS taken US, the drivers, OOS when off. Our CC told us that we could NOT be called for a random under those conditions. Seems we may need TWO lawyers.

 

[DriverX]

Yes were were out , the truck was out too. The phone call started this way:Hi this is ____ from Fedex CC saftey I know you are out of service but you came up fpr a random and we need you to go to concentra (almost 45 min from the airport) for a random.and thats how it started!

 

[cheri1122]

It seems whomever is selecting the random names is failing to remove those who should be removed, and refusing to admit to it when challenged.
Like you said, it is what it is - you can go along, or move along, those are your choices.

 

[layoutshooter]

Yes were were out , the truck was out too. The phone call started this way:Hi this is ____ from Fedex CC saftey I know you are out of service but you came up fpr a random and we need you to go to concentra (almost 45 min from the airport) for a random.and thats how it started!

Did you hire a lawyer? I would have, as soon as I got back from vacation.

That brings up another question. When I am off I am often hunting or fishing. Many times I am not in cell phone range. What would happen if my name "came up" and I could not be reached?

 

[DriverX]

We are exploring our options, we missed our cruise as wew could not bet a flight thaat would have gotten us to L.A. in time.I dont know about if your out hunting..wich i do myself bt it is a good question!

 

[layoutshooter]

We are exploring our options, we missed our cruise as wew could not bet a flight thaat would have gotten us to L.A. in time.I dont know about if your out hunting..wich i do myself bt it is a good question!

I would be "exploring" with a lawyer, BIG TIME. IF you are off, you are off. PERIOD. Interesting questions. I wonder what the "experts" in here have to say about this.

 

[Desperado]

if you don't answer the phone or turn it off how can they contact you to tell you

 

[layoutshooter]

if you don't answer the phone or turn it off how can they contact you to tell you

ANOTHER good question. Any carrier owners want to answer this?

What if I am fishing, 25 miles off shore, Mrs. Layoutshooter answers the phone and tell them where I am. There is NO way I could get back in time. There is NO cell service that far off shore any way. I am often that far off shore when home or even when fishing while off while on the road. Even when I am predispatched.

 

[jaminjim]

This may answer your question.

This information was found here. Here

*Question 17: May an employer notify a driver of his/her selection for a random controlled substances test while the driver is in an off-duty status?

Guidance: Yes. Part 382 does not prohibit an employer form notifying a driver of his/her selection for a random controlled substances test while the driver is in an off-duty status.

If an employer selects a driver for a random controlled substances test while the driver is in an off-duty status, and then chooses to notify the driver that he/she has been selected while the driver is still off-duty, the employer must ensure that the driver proceeds immediately to a collection site. Immediately, in this context, means that all the driver’s actions, after notification, lead to an immediate specimen collection. If the employer’s policy or practice is to notify drivers while they are in an off-duty status, the employer should make that policy clear to all drivers so that they are fully informed of their obligation to proceed immediately to a collection site.

If an employer does not want to notify the driver that he/she has been selected for a random controlled substances test while the driver is in an off-duty status, the employer could set aside the driver’s name for notification until the driver returns to work, as long as the driver returns to work before the next selection for random testing is made.

Employers should note that regardless of when a driver is notified, the time the driver spends traveling to and from the collection site, and all time associated with providing the specimen, must be recorded as on-duty time for purposes of compliance with the hours-of-service rules.

 

[layoutshooter]

This may answer your question.

This information was found here. Here

Thank you, that helps a lot.

 

[jaminjim]

I dont log drug tests.If I would drive my truck to a drug test,I drop the trailer,then my truck becomes my personal vehicle.You guys in vans and straight trucks cant do that.

Neither can you. If you take a random drug test required by your carrier and don't log it you are in violation.

 

[golfournut]

*Question 18:

Is it permissible to select alternates for the purpose of complying with the
Random Testing regulations?
Guidance:
Yes, it is permissible to select alternates. However, it is only permissible if
the primary driver selected will not be available for testing during the
selection period because of long-term absence due to layoff, illness, injury,
vacation or other circumstances. In the event the initial driver selected is
not available for testing, the employer and/or C/TPA must document the reason
why an alternate driver was tested. The documentation must be maintained and
readily available when requested by the Secretary of Transportation, any DOT
agency, or any State or local officials with regulatory authority over the
employer or any of its drivers.

 

[ATeam]

I HATE the idea that I would have to lose MORE hours for a "random" while doing a "34" Put that into the "new" HOS rules, with two midnight to 6am's and a team got lose more than a week of income. Is THAT a good idea? None of this makes sense to me. I need a lawyer to explain it so it will, if it ever can.

How big of an issue is this really? First, random drug tests do not happen that often; maybe twice a year at most. Second, if they do happen, they seem to come at times convenient to us, at least in our experience.

We have been called in when we were in training at FedEx, on a Monday morning after waiting for freight over a weekend and most often shortly after a run or on the day of a pick up a few hours before a run. My sense is that FCC does what it must to comply with the rules and does what it can to make it as easy on the drivers as possible.

Second, so what if a drug test interruption causes you to lose a 34 hour reset, either under the present rules or those proposed? There was a time when there was no such thing as a 34 hour reset. Diane noticed no increase or decrease in income after the reset was made legal.

If you lose a 34 hour reset, what do you lose really?

 

[layoutshooter]

How big of an issue is this really? First, random drug tests do not happen that often; maybe twice a year at most. Second, if they do happen, they seem to come at times convenient to us, at least in our experience.

We have been called in when we were in training at FedEx, on a Monday morning after waiting for freight over a weekend and most often shortly after a run or on the day of a pick up a few hours before a run. My sense is that FCC does what it must to comply with the rules and does what it can to make it as easy on the drivers as possible.

Second, so what if a drug test interruption causes you to lose a 34 hour reset, either under the present rules or those proposed? There was a time when there was no such thing as a 34 hour reset. Diane noticed no increase or decrease in income after the reset was made legal.

If you lose a 34 hour reset, what do you lose really?

Another 34 hours till we have legal time on our clock again. Under the new rules that could be a lot longer with the 12-6 rule. Or am I missing something? I know I don't understand this all that well.

 

[greg334]

This reminds me of the time when a few were in a panic about logs and their new EOBR system.

 

[layoutshooter]

This reminds me of the time when a few were in a panic about logs and their new EOBR system.

No panic. We had no more hours left on our 70 hour clock. It needed reset and I just wondered how a random would affect that. Just lookin for answers. If I read that question correctly it would require me to log it, I would then have to start another 34 hour reset. That is, assuming I understand it all correctly.

 

[ATeam]

Another 34 hours till we have legal time on our clock again. Under the new rules that could be a lot longer with the 12-6 rule. Or am I missing something? I know I don't understand this all that well.

You may be missing the fact that even without a 34 hour reset, you can continue to drive in most cases. Every time you add a day of driving on the front end, another drops off the back end, leaving a team with plenty of hours to drive in most cases.

It has happened only a few times in seven years that Diane and I have run out of hours, and when it did, we were ready to take a couple of days off to rest up anyway.

Now, forget about the 34 hour reset for a moment. Pretend it does not exist. Say you complete a delivery on a Monday morning and find that you have used up nearly all of your 70 hours. You head to the nearest truck stop to settle in for a rest.

Now say you get called in for a drug test, maybe Monday morning, Monday afternoon, Tuesday morning or Tuesday afternoon. Whenever it is, one of the co-drivers will have already logged ten or more hours of sleeper time and would be legal to drive. This assumes that only one co-driver is driving or on duty not driving at any one time, and that you manage your work flow and logs so that is actually the case.

Say it is your wife who is legal to drive and you who gets called in for a drug test The worst that would happen is that she would drive you to the clinic, you would go on-duty for the drug test and you would have to wait for 10 hours after the drug test before you could drive again.

The drug test would interrupt any time you had built toward the 34 hour reset but it would not interfere with the team's ability to move the truck because one of you would have the legal ability to do so.

An uninterrupted break of 34 hours or more will reset your 70 hour clock. Ten hours or more of off duty or sleeper time resets your daily clock, leaving you able to be on duty or drive for 11 hours more. If you were getting close to your 70 hour limit, the day that drops off the back end generally opens up another day on the front.

 

[Desperado]

the point is if your on vacation or doing a reset why answer the phone they have to cont ac you to send you in for a druggy test as soon as you come off or go back in service then they can send you in for the big druggy test

 

[ATeam]

the point is if your on vacation or doing a reset why answer the phone they have to cont ac you to send you in for a druggy test as soon as you come off or go back in service then they can send you in for the big druggy test

You answer the phone because they may be calling with a load offer or for help in resolving a customer service question or any number of other reasons for which you would want them to get through.

We are self-employed independent contractors. The work rules and lines between work and play are not so clearly drawn as they would be if we were hourly employees.