Over 70 trouble

Discussion in 'UPS Discussions' started by Hangingon, May 12, 2007.

  1. Hangingon

    Hangingon New Member

    We heard, through the building grapevine, that a driver in a nearby center is being sued by a customer. The customer was asked by the driver, per current instructions from mgm't, to help with an over 70 package. Surprise!, the customer hurt himself and is now suing the driver and UPS. We were told UPS is claiming they have no liability since the driver was never told to specifically ask a customer to help him with this package, so the driver is the only one liable.

    My question is does anyone know anything about this, and how would this affect over 70 response from mgm't.

    In our center the driver assist code was removed from the boards and we are told that there is no longer any credit given to a driver when told to help another driver with a package beyond the to and from miles. We have also been given a PCM this week that the proper method in handling over 70's is to go to the stop first, see if a male is available to assist you, then, and only then, message the building that you need help.
     
  2. local804

    local804 Well-Known Member

    I knew it would happen sooner or later. I did notice while assisting the loop driver in my area with an overweight that it is not in the diad anymore. Why they would take out the driver assist button and leave in the 250 other useless keys we will never use is beyond me. OH! wait, this is UPS, now it makes sense.
     
  3. HazMatMan

    HazMatMan New Member

    What is he suing for?? Negligence??? being asked to help with a package?? My contract says "No employee will be required to solicit or accept customer assistance IF they have a good faith belief that the customer is not qualified to help or that such assistance would be a safety hazard to themselves or the customer............... So assuming the customer looked physically fit or young enough to help and gets hurt then who does the customer sue?? I say he has no case.
     
  4. HazMatMan

    HazMatMan New Member

    So, it's in the contract that a driver shouldn't ask for help if the customer is not qualified to help or if it would impose a safety hazard. So if this driver was following the contract and asked for help in good faith then the company should back him up on this one, but will they??
     
  5. local804

    local804 Well-Known Member

    UPS instructs the driver to get customer assistance in pcms and through the diad. We all know at UPS you always do as instructed and file the simple forms after the fact no? Otherwise they play the failure to follow instructions rule. Do as your told then grieve it if their is a problem.
     
  6. CFLBrown

    CFLBrown New Member

    What happens if the person wasn't asked for help and the box was left at the door? Is UPS now liable if they hurt themselves? How about the maker of the handcart? How about the shipper for sending something so heavy? Where would it end?
     
  7. Anon

    Anon Guest

    I assume the driver didn't put a gun to this custamers head forcing them to help did he? So If this person did help on his own free will what will they base the lawsuit on?
     
  8. over9five

    over9five Moderator Staff Member

    "...since the driver was never told to specifically ask a customer to help..."

    I would get a notarized letter from every driver in my center saying we ARE told to ask the customer for help.


    "...so the driver is the only one liable."

    I really pray the management team didn't say that.
     
  9. Raw

    Raw Raw Member

    I`ve heard numerous things lately through every grapevine imaginable, don`t mean they true,do it?
     
  10. tups

    tups New Member

    I love how people can't take responsibility for their own actions. I'm sure that driver didn't hold a gun to the guy's head demanding him to help. Too bad he hurt himself, but the key here is HE HURT HIMSELF. He ordered something that heavy, now deal with it. I will leave over 70's in front of a garage or at the foot of the stairs and tell the customer, sorry, that's as far as I can take an item that heavy. Maybe UPS needs to look at this issue and lower the weight requirement package car drivers can take.
     
  11. HazMatMan

    HazMatMan New Member

    Some of the stuff UPS ships is really ridiculous, AND hardly ever has overweight stickers/tape on it. BUT, if you get hurt lifting these overweight boxes that are not marked as such then UPS will accuse you of not following the proper work methods...
     
  12. HazMatMan

    HazMatMan New Member

    One would assume that once the driver releases it to the customers front door then leaves, I would think UPS/Driver were relieved from ALL liability...
     
  13. CFLBrown

    CFLBrown New Member

    Good then I feel better about the Bowflex crap I left at some dude's door recently. No one was home and his front door had quite a few over 70's sitting near it. I did make sure they were going to stay out of the rain and that he had a path to the door. ;) One of those boxes said 134LBS.
     
  14. steelheader69

    steelheader69 The Fishing UPS Guy

    I can't believe the frivilous lawsuit. Doesn't matter WHAT the driver did, or how they were instructed. The customer ORDERED this big box. If they came over and helped lift it, they did it themselves. Anyone can cry whatever they want about lifting heavy packages. But proper lifting can do alot with proper devices as well (dang, starting to sound like management lol). I can't believe UPS would bail on the guy. Especially since it's THEIR reputation that'll be hurt as well as his bank account.
     
  15. LKLND3380

    LKLND3380 Active Member

    The Master Agreement is very clear...

    ARTICLE 44. OVER 70 POUND SERVICE PACKAGE HANDLING
    The parties agree that the health and safety of the employees are of the utmost importance. The Employer agrees that UPS management will not insist that any unsafe action be undertaken and the Union agrees to encourage its members to cooperate in effectuating the handling, pick up and delivery of parcels without exposing themselves to safety hazards.

    Section 1. On Area Package Handling
    No employee shall be required to handle any over 70 pound packages alone if it is the employee’s good faith belief that such handling would be a safety hazard to herself or himself. In such cases the Employer shall provide whichever the following is requested in good faith by the employee in handling over 70 pound packages.

    1. Another bargaining unit employee for assistance, or

    2. Appropriate lifting/handling devices, or

    3. Another bargaining unit employee and an appropriate lifting/handling device for handling, pick-up or delivery circumstances that require both bargaining unit help and an appropriate lifting/handling device.
     
  16. raceanoncr

    raceanoncr Well-Known Member


    Seems pretty clear to me, but, then, again, the rules never apply to ME!!!!!!
     
  17. DorkHead

    DorkHead Active Member

    We have had PCMS on handling over 70`s where they hand out paper that says to ask the customer for assistance. Then we sign them and hand them back in at the end of the PCM. This seems to contradict what the contract says.
     
  18. wornoutupser

    wornoutupser Active Member

    I have said it before and I will say it again.

    UPS does not care here. I have been insructed to leave a 115 lb. pkg in a parking lot with a 90 lb. secretary to handle it alone. I am told that " Your run is too far away to get over 70 help."

    I have gone above the center's level and nothing was done. Hey Atlanta, do you read this?????
     
  19. LKLND3380

    LKLND3380 Active Member

    They hand out what at PCMs?!? You should print out the below and also hand out...

    http://www.browncafe.com/community/threads/ups-teamsters-national-master-agreement.335360/

    ARTICLE 44. OVER 70 POUND SERVICE PACKAGE HANDLING
    The parties agree that the health and safety of the employees are of the utmost importance. The Employer agrees that UPS management will not insist that any unsafe action be undertaken and the Union agrees to encourage its members to cooperate in effectuating the handling, pick-up and delivery of parcels without exposing themselves to safety hazards.

    Section 1. On Area Package Handling

    No employee shall be required to handle any over 70 pound packages alone if it is the employee's good faith belief that such handling would be a safety hazard to herself or himself. In such cases, the Employer shall provide whichever of the following is requested in good faith by the employee in handling over 70 pound packages:

    1. Another bargaining unit employee for assistance, or

    2. Appropriate lifting/handling devices, or

    3. Another bargaining unit employee and an appropriate lifting/handling device for handling, pick-up or delivery circumstances that require both bargaining unit help and an appropriate lifting/handling device.

    In all such instances involving package car drivers, where assistance from another bargaining unit employee has been requested in good faith, both employees will be full-time employees of the bargaining unit except that air drivers or helpers, where permitted by the applicable Supplement, may be used to assist the full-time driver in the delivery and/or pickup of such overweight packages. On Saturdays, air drivers may be assisted by another air driver in the delivery and/or pickup of overweight packages. A helper may be used to assist a driver in the handling of overweight packages when a helper is already on the package car in accordance with the terms of the Supplement, Rider or Addendum.

    No employee will be required to solicit or accept customer assistance if it is the employee's good faith belief that the customer is not qualified to help or that such assistance would be a safety hazard to themselves or the customer.

    All new and existing employees who handle packages shall be provided with periodic training in the recognition and proper handling of over 70 pound packages.
     
  20. LKLND3380

    LKLND3380 Active Member

    Contact your Union Steward or Business Agent and they may tell you...
    If the run is TOO FAR AWAY to get over 70 help then bring the package back and it can be:
    1. Shuttled out the next day by TWO FULL TIME EMPLOYEES...
    2. You get a driver helper for the day

    http://www.browncafe.com/community/threads/ups-teamsters-national-master-agreement.335360/

    Key points:
    The Employer agrees that UPS management will not insist that any unsafe action be undertaken


    No employee shall be required to handle any over 70 pound packages alone

    Another bargaining unit employee for assistance,

    In all such instances involving package car drivers, where assistance from another bargaining unit employee has been requested in good faith, both employees will be full-time employees of the bargaining unit except that air drivers or helpers, where permitted by the applicable Supplement, may be used to assist the full-time driver in the delivery and/or pickup of such overweight packages. On Saturdays, air drivers may be assisted by another air driver in the delivery and/or pickup of overweight packages. A helper may be used to assist a driver in the handling of overweight packages when a helper is already on the package car in accordance with the terms of the Supplement, Rider or Addendum.

    No employee will be required to solicit or accept customer assistance if it is the employee's good faith belief that the customer is not qualified to help or that such assistance would be a safety hazard to themselves or the customer.