Do you believe UPS should be reported to OSHA for not supplying water correctly nor adequately to you and your coworkers? ( On Topic Only Please)

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Integrity

Binge Poster
I'm curious how you think that UPS stores these water bottles? They leave them on pallets not in refrigerators.
That is why coolers and ice is need.

Check out the original post. It is pretty clear how water is to be provided to the drivers when single use bottled water is the chosen method.
Fun fact: Hot water is better for you.
I will not affirm or deny that because it is irrelevant to the matter because safety and heath professionals and regulations require water to be suitably cool.
 

Integrity

Binge Poster
I know places with well water that is safe to drink but has a bad taste. They have bottled water for people who don't want to use the fountain but they don't have to. An alternate source is nice to have but not a requirement.
Article 5 of the Master can help with this.
 

Trucker Clock

Well-Known Member
I believe OSHA still covers driver’s working conditions.

No they do not. Not when they are on the road.

OSHA regulations and laws do not apply to CMV drivers, while they are on the road. The FMCSA, which falls under the DOT, has full authority over CMV drivers and makes the laws and regulations, including safety, covering them. OSHA has no authority over CMV drivers on the road and therefor cannot enforce a law about providing drinking water when the CMV is on a public road.

They can when it is at a building loading or unloading. The driver can get the same water that the building employees get. UPS legally does not have to supply water to most package or feeder drivers while they are on the road.

However, bring your own cooler and fill it free of charge with UPS's water at the building before you leave and bring it with you. Or bring it from home. Just make sure you have plenty of water.

OSHA can enforce record keeping, for accidents and injuries for CMV drivers, but that is about it.

Standards
Trucking industry is addressed in specific OSHA standards for recordkeeping and general industry. This section highlights OSHA standards and documents related to the trucking industry.

OSHA is preempted by Section 4(b)1 of the OSH Act from enforcing its regulations if a working condition is regulated by another Federal agency.

For example:

  • While traveling on public highways, the Department of Transportation (DOT) has jurisdiction. However, while loading and unloading trucks, OSHA regulations govern the safety and health of the workers and the responsibilities of employers to ensure their safety at the warehouse, at the dock, at the rig, at the construction site, at the airport terminal and in all places truckers go to deliver and pick up loads.
 

Integrity

Binge Poster
No they do not. Not when they are on the road.

OSHA regulations and laws do not apply to CMV drivers, while they are on the road. The FMCSA, which falls under the DOT, has full authority over CMV drivers and makes the laws and regulations, including safety, covering them. OSHA has no authority over CMV drivers on the road and therefor cannot enforce a law about providing drinking water when the CMV is on a public road.

They can when it is at a building loading or unloading. The driver can get the same water that the building employees get. UPS legally does not have to supply water to most package or feeder drivers while they are on the road.

However, bring your own cooler and fill it free of charge with UPS's water at the building before you leave and bring it with you. Or bring it from home. Just make sure you have plenty of water.

OSHA can enforce record keeping, for accidents and injuries for CMV drivers, but that is about it.

Standards
Trucking industry is addressed in specific OSHA standards for recordkeeping and general industry. This section highlights OSHA standards and documents related to the trucking industry.

OSHA is preempted by Section 4(b)1 of the OSH Act from enforcing its regulations if a working condition is regulated by another Federal agency.

For example:

  • While traveling on public highways, the Department of Transportation (DOT) has jurisdiction. However, while loading and unloading trucks, OSHA regulations govern the safety and health of the workers and the responsibilities of employers to ensure their safety at the warehouse, at the dock, at the rig, at the construction site, at the airport terminal and in all places truckers go to deliver and pick up loads.
Good content!!

I see your point but I disagree with your interpretation and application of this.

I tell you what, I will contact my local OSHA Compliance office and get a ruling on their position in light of this interpretation.

It may take a little time but I will get back to this post with the OSHA position on this.
 

upschuck

Well-Known Member
I have seen this for inside workers.
If they are too cold, will you complain about that, as well? I know that when they put the bottles in ice, they go below the 50 degree minimum. Between 50-60 sounds like the temp of a water fountain.
 

UnionStrong

Sorry, but I don’t care anymore.
If they are too cold, will you complain about that, as well? I know that when they put the bottles in ice, they go below the 50 degree minimum. Between 50-60 sounds like the temp of a water fountain.
I prefer my water at exactly 53.5 degrees. Fiji water only.
 

Trucker Clock

Well-Known Member
I see your point but I disagree with your interpretation and application of this.

It's not my interpretation. This is a direct response from OSHA saying they have no authority to enforce their laws while a CMV is on a public road.

I tell you what, I will contact my local OSHA Compliance office and get a ruling on their position in light of this interpretation.

I'll give you credit for going one step further.
 

Integrity

Binge Poster
It's not my interpretation. This is a direct response from OSHA saying they have no authority to enforce their laws while a CMV is on a public road.
Can you cite this direct response? I would love to see it with my own eyes.

Question for you: Who do you think is the authority having jurisdiction when the driver is not in the vehicle but out in the heat making deliveries?

I'll give you credit for going one step further.
Thank You.

I have had numerous discussions with OSHA compliance officers over the years.
 

Integrity

Binge Poster
Hope this finds you all well today.

Be informed

I was hoping to become more detailed in discussing Heat Related Safety, UPS and OSHA.

I do suspect that some of the first comments might be something like "do we really need another thread on water".

In order to satisfy those that might have this type of problem and to funnel those interested to the new thread I was hoping to lock this my other recent threads that are related to this topic, I do think this would be the best call for me to advance the topic from a slightly different angle.

Before I start my new thread I am going to send a request to the moderators and request that this
thread be locked from any more input.

I am very interested in getting more detailed in what I believe to be a very hot topic for UPSers safety now and more so in the future. "Pun intended"

The locking of this thread is 100% at my request.
 
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