QuestionI work for a tow company in Los Angeles that provides motor club and local law enforcement agencies towing and roadside services. One of our trucks went down for servicing a recurring problem, and the only other truck available was one that has problems with the rear end.
The truck drives down the street at a left angle requiring you to compensate by holding the steering wheel the opposite direction, and at times you can feel the rear end fishtail after a turn. The company manager wanted me to continue to drive the truck, running a high volume of motor club calls some in which had the possibility of going long distances, and then take the truck in later. The manager as well as our mechanic both have knowledge of this problem with the truck, and I told him I felt the truck to be unsafe would not operate an unsafe vehicle, and in response I got sent home for the rest of the day. I felt that it was not worth risking injury or death to myself or to the public in the event of mechanical failure, especially with passengers and a vehicle in tow on the flatbed.
My question is. Can a employer legally force a employee to operate a tow truck that they know to be unsafe. And if a employee refuses, can they be punished for it?
AnswerWell the basic answer to this question is that its your drivers license and as such you have to protect it..
Yes there are provisions on driving unsafe vehicles under the Federal Motor Carrier Safety Regulations (look at the green book I believe its under 392.7 if my memory is correct) and a few other sections of the rules.
Your trucks do have DOT numbers on them as per law correct?
You do a daily vehicle inspection report as per law ?
If your boss / manager / mechanic all think that your truck was so safe, and wanted you to drive it when you saw issues with it, did they have another truck for you.. Sounds from the question as you only have 2 trucks...
But the point I am making is that they have rules to follow. If you declare it out of service on the inspection report and they sign off on it as corrected, then it moves the ball back into their court.. You can keep writing it up if they do not resolve it and as such keep them repairing it or turning the blind eye to the problem .
Some people do tend to focus more on the $$$$ part of the business other than the safety issues... I would (personally) begin to wonder about if I wanted to stay there, as safety does not seem important..
It might be time to look at other places to work..
