Would you risk termination by refusing to operate unsafe equipment?

[UpstateNYUPSer]

705red started a thread in the discussion forum in which a UPS feeder driver was terminated for refusing to pull a trailer that had defective equipment. OSHA determined that the driver was wrongfully terminated and not only received back pay but was awarded punitive damages and interest.

My question is whether or not you would risk the loss of your job by refusing to operate unsafe equipment.

[dilligaf]

Yes, absolutely. In a worst case scenario, I could be fired for taking out unsafe equipment and being involved in an accident as a result of such.

[over9five]

Good poll!

You gotta think about how you would feel if you ran over a child with that unsafe equipment. Safety of ourselves and the public has to be Job One.

[BigBrownWeB]

I don't think anyone is, or should be expected, to operate equipment that is truly unsafe. Unfortunately we have people that sometimes use the "unsafe" card as leverage to create unnecessary conflict. I personally believe that we should apply the same cost/risk at work as we would with our own vehicles. If I had a tail light out or a something minor wrong on my own car, I certainly would not pull over to the side of the road and call a mechanic or a tow truck if it was going to cost me a few hundred dollars and cause me to be delayed. I would proceed cautiously and get it fixed when its convenient and cost effective. Brakes, steering, and things that truly are unsafe are a different story.

[dilligaf]

Yes, absolutely. In a worst case scenario, I could be fired for taking out unsafe equipment and being involved in an accident as a result of such.

I started to expound upon this earlier and got side-tracked.

I'm sure everyone has heard the phrase, 'captain of the ship'. As drivers that is exactly what we are and when it comes to the safety of our 'ship' we ARE the ones that are responsible. UPS has no dog in this fight. It is not their decision and if they tried to make it their decision by forcing me to drive a vehicle that was unsafe they would have a fight on their hands. So far, they have never pushed it that hard. If they ever did I would have no problem advising my mgt team of the error of their ways. I would also have no problem telling them that I would drive out of the yard, park down the street and call DOT. Most drivers do not carry a CDL and can legitimately claim no knowledge of DOT regulations beyond what is given to them by UPS. I am not afforded that luxury. I do have a CDL and because of this I should be aware of what DOT regulations are.

[BigBrownWeB]

I started to expound upon this earlier and got side-tracked.

I'm sure everyone has heard the phrase, 'captain of the ship'. As drivers that is exactly what we are and when it comes to the safety of our 'ship' we ARE the ones that are responsible. UPS has no dog in this fight. It is not their decision and if they tried to make it their decision by forcing me to drive a vehicle that was unsafe they would have a fight on their hands. So far, they have never pushed it that hard. If they ever did I would have no problem advising my mgt team of the error of their ways. I would also have no problem telling them that I would drive out of the yard, park down the street and call DOT. Most drivers do not carry a CDL and can legitimately claim no knowledge of DOT regulations beyond what is given to them by UPS. I am not afforded that luxury. I do have a CDL and because of this I should be aware of what DOT regulations are.

All drivers of commercial vehicles are required to know and abide by DOT regulations. Any vehicle with a gross vehicle weight over 10,000 pounds used for business is a commercial vehicle. This applies to nearly all UPS vehicles. The only exceptions are the small air van type vehicles. In a court of law or discipline hearing, ignorance (no offense intended) is not likely to hold up. This applies to the company and management also.

[705red]

When in doubt the question you should ask yourself, would you drive your family in this vehicle in its current state? Im not talking about dirty, old etc, but safety.

Im glad to see that all 10 votes have been for NO! How could anyone of us ever live with ourselves if something truly bad happened to a child or another human because we felt pressured to take out a truck. Hell NO

[tieguy]

I couldn't answer the poll because I don't understand how management makes the determination the equipment is safe. You have an equipment defect you take it to the shop. the mechanic fix's it and signs off on the repair on your dot required dvir?

ok found the other thread.

[705red]

I couldn't answer the poll because I don't understand how management makes the determination the equipment is safe. You have an equipment defect you take it to the shop. the mechanic fix's it and signs off on the repair on your dot required dvir?

They dont, yet they feel they have the right to force someone to work unsafely, indangering the employee and the general public, where have I heard that sentence before?

[dilligaf]

All drivers of commercial vehicles are required to know and abide by DOT regulations. Any vehicle with a gross vehicle weight over 10,000 pounds used for business is a commercial vehicle. This applies to nearly all UPS vehicles. The only exceptions are the small air van type vehicles. In a court of law or discipline hearing, ignorance (no offense intended) is not likely to hold up. This applies to the company and management also.

I stand corrected. I mis-stated.