FedEx Freight | So what should the punishment be?

There is no such thing as "off duty not driving".
Sorry johndeere4020. If I'm off doty I'm not driving. So if I'm on the top line on my logbook I'm off duty not driving but you are correct is just says off duty. So let me rephrase my question for everyone who wants me to get the crayons out and draw a picture for them. If I take a 15 minute break one driver said it should be logged as on duty not driving. My question is why wouldn't it be logged as off duty.
 
Sorry johndeere4020. If I'm off doty I'm not driving. So if I'm on the top line on my logbook I'm off duty not driving but you are correct is just says off duty. So let me rephrase my question for everyone who wants me to get the crayons out and draw a picture for them. If I take a 15 minute break one driver said it should be logged as on duty not driving. My question is why wouldn't it be logged as off duty.
If u have hazmat on you have to be in control of the freight at all times. If your not getting paid for your time legally I think your 15 minutes is paid for in the city sides at least. Most city guys don't get paid for lunch so you legally could mark off duty for that unless u have hazmat. Road is usually paid by the mile so most companies let u mark off duty when not driving.
 
Sorry johndeere4020. If I'm off doty I'm not driving. So if I'm on the top line on my logbook I'm off duty not driving but you are correct is just says off duty. So let me rephrase my question for everyone who wants me to get the crayons out and draw a picture for them. If I take a 15 minute break one driver said it should be logged as on duty not driving. My question is why wouldn't it be logged as off duty.
I am curious. How long have you been in the LTL business? Are you actually using a log book?
 
If u have hazmat on you have to be in control of the freight at all times. If your not getting paid for your time legally I think your 15 minutes is paid for in the city sides at least. Most city guys don't get paid for lunch so you legally could mark off duty for that unless u have hazmat. Road is usually paid by the mile so most companies let u mark off duty when not driving.
Yes I know the rules about hazmat but hazmat was not a variable in my question. But yes city divers get paid for that 15 min break but as a road driver I do not get paid
I am curious. How long have you been in the LTL business? Are you actually using a log book?
I am curious. How long have you been in the LTL business? Are you actually using a log book?
I am a road driver for FXF and yes I do use logbooks as well as ever other road driver for FXF. Other LTL carries also are using logbooks or electronic logs. But if you are a city driver for fxf or any other carrier a log book is not required or needed in most situations.
 
So let me rephrase my question for everyone who wants me to get the crayons out and draw a picture for them. If I take a 15 minute break one driver said it should be logged as on duty not driving. My question is why wouldn't it be logged as off duty.

I seem to recall, we (at FXFE) are only truly "off duty" when we are on lunch break. The minimum threshold for off duty is 30 min, per company policy. This is a legally binding status. The 10 min (or 15min) break does not qualify as off duty. If you notice, when off duty (lunch) no messages come through and no entry can be performed in the Intermec. While on 10/15 min break, messages come through and several forms of duty can be performed.
 
Well here’s what’s in the Book
REST BREAKS

In addition to meal periods, employees are provided rest breaks in accordance with state law. Generally, employees are provided the opportunity to take one 10-minute rest break for every 4 hours worked. Employees in California, Nevada, Oregon, and Washington are provided the opportunity to take one 15-minute rest break for every 4 hours worked. Employees must be relieved of duty during a rest break, which should be taken away from the employee's workstation or area. Driver employees may take their rest breaks in the tractor, as long as they do not perform any work during the break time. The rest break should be taken somewhere in the middle of the 4-hour period and may not be combined, accumulated for later use or added to the meal period. Breaks should not be taken at the very beginning or the very end of the workday. An unauthorized extension of the specified amount of rest break time will be deemed as a violation of company policy and will subject an employee to corrective action.
Each location may or may not have scheduled rest break times for each employee. Employees should not clock out for rest breaks. Time spent on rest breaks is part of each employee's workday, and no deduction from pay is taken for the rest break time. Employees are expected to be punctual in starting and ending their rest breaks. Employees who forfeit their rest breaks, where allowed by law, are not entitled to leave work before their normal shift is over.
CORRECTIVE ACTION
Employees are expected to comply with our Meal Periods and Breaks policy. Hourly-compensated and staff nonexempt employees who
  • miss a meal period; or
  • take a short meal period* (generally defined as less than 30 minutes); or
  • take an untimely meal period or rest break; or
  • who otherwise do not comply with the applicable Meal Periods and Breaks policy.
will be subject to progressive corrective action for failure to follow instructions, which will be administered as set forth below
Corrective action will accumulate over a rolling 180-day timeframe and should follow this chronology, for a collection of any of the above-listed violations:
· 2 Coaching Sessions
· 1 Written Corrective Action
· 1 Critical Written
· 1 Critical Written with 3-day Suspension
· Termination
In addition to the above, mileage-compensated, hourly-compensated, and staff nonexempt employees may also be subject to immediate termination for compensated time violations.
Although corrective action should be issued on a timely basis, there may be times when it is not practical to discuss corrective action with the employee prior to another occurrence. For example, an employee may take a short meal period one day and be out of the office the next day. They may then take another short meal period on the day of their return. In these instances, the appropriate corrective action as outlined for the number of violations will still apply. This could generate more than one corrective action being issued at the same time, up to the Critical Written/3-day Suspension step. As of September 15, 2011, the Critical Written/3-day Suspension step must be imposed prior to terminating an employee for Meal Period and/or Rest Break violations. HR Advisors must be involved at the Critical Written step or higher.
End quotes from manual
 
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Well here’s what’s in the Book
REST BREAKS

In addition to meal periods, employees are provided rest breaks in accordance with state law. Generally, employees are provided the opportunity to take one 10-minute rest break for every 4 hours worked. Employees in California, Nevada, Oregon, and Washington are provided the opportunity to take one 15-minute rest break for every 4 hours worked. Employees must be relieved of duty during a rest break, which should be taken away from the employee's workstation or area. Driver employees may take their rest breaks in the tractor, as long as they do not perform any work during the break time. The rest break should be taken somewhere in the middle of the 4-hour period and may not be combined, accumulated for later use or added to the meal period. Breaks should not be taken at the very beginning or the very end of the workday. An unauthorized extension of the specified amount of rest break time will be deemed as a violation of company policy and will subject an employee to corrective action.
Each location may or may not have scheduled rest break times for each employee. Employees should not clock out for rest breaks. Time spent on rest breaks is part of each employee's workday, and no deduction from pay is taken for the rest break time. Employees are expected to be punctual in starting and ending their rest breaks. Employees who forfeit their rest breaks, where allowed by law, are not entitled to leave work before their normal shift is over.
CORRECTIVE ACTION
Employees are expected to comply with our Meal Periods and Breaks policy. Hourly-compensated and staff nonexempt employees who
  • miss a meal period; or
  • take a short meal period* (generally defined as less than 30 minutes); or
  • take an untimely meal period or rest break; or
  • who otherwise do not comply with the applicable Meal Periods and Breaks policy.
will be subject to progressive corrective action for failure to follow instructions, which will be administered as set forth below
Corrective action will accumulate over a rolling 180-day timeframe and should follow this chronology, for a collection of any of the above-listed violations:
· 2 Coaching Sessions
· 1 Written Corrective Action
· 1 Critical Written
· 1 Critical Written with 3-day Suspension
· Termination
In addition to the above, mileage-compensated, hourly-compensated, and staff nonexempt employees may also be subject to immediate termination for compensated time violations.
Although corrective action should be issued on a timely basis, there may be times when it is not practical to discuss corrective action with the employee prior to another occurrence. For example, an employee may take a short meal period one day and be out of the office the next day. They may then take another short meal period on the day of their return. In these instances, the appropriate corrective action as outlined for the number of violations will still apply. This could generate more than one corrective action being issued at the same time, up to the Critical Written/3-day Suspension step. As of September 15, 2011, the Critical Written/3-day Suspension step must be imposed prior to terminating an employee for Meal Period and/or Rest Break violations. HR Advisors must be involved at the Critical Written step or higher.
End quotes from manual

Meh
 
A road driver who didn't log their 5 to 15 minute breaks? Keep in mind this employee had never been wrote up for anything and was a hard worker with several years seniority. Should he be wrote up, warned, suspended, or even worse? I guess it falls under falsifying log's.
I don't think that the falsifying logs would fly. I would say that there is a pretty high number of drivers that are not sure of how they should show their breaks. Now If the driver was stopping the truck and not showing it or not showing it but saying he was taking short breaks and that is why he didn't show them, that could be a problem. If you stop the truck you are supposed to at least flag the stop (city,state and reason ) unless you don't get out and that is considered driving even if you stop to nap over the wheel.(but that's another story.) and if less than 8 minutes you can put lets say ET (elapsed time) 5 minutes. If it is more than 7 minutes you should use the graph on your log. So if it is a break and includes no work I would use the top (off duty) If it is a short break like 10 minutes and I have haz/mat I would use the bottom (on duty not driving). With the new 14 hour clock now It really doesn't save you anything unless you are trying not to use up your 70 hours. Most of the time I just tend to use the on duty not driving. You can actually look this ET 5 min. thing up under the log book rules. I found this all out when I went thru a port of entry (back when you had to show haz/mat papers and get a slip to put in your truck) and then was stopped at the exiting port. ( I'm sure it was because of that slip.) The officer came out and asked me for my log book. Well I didn't log that stop and when he asked me why I didn't show it, I told him because it was only for a few minutes. Well he proceeded to explain these rules to me and said that anytime you stop and get out of the truck you need to at least flag the stop. I looked it up when I had the chance and have been using those rules ever since. Most companies now know everything these trucks are doing. When they stop, where they stop and for how long they are stopped. Black boxes and mandatory E- logs are next. We just got to get used to it all.
 
You don't get paid if your a road driver
Fair enough, but the 10 min break is not required, is it?

I think the point was whether it needed to be logged, and how to do so. To determine that we need to know if it is on duty or not. On duty could be flagged, off duty can not. Regardless, if one needs a break, they should certainly take it.
 
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The punishment seems a little extreme.
However any change from driving status (line 3) whether it is off duty not driving or on duty not driving must be logged and the time can be written in the comments. No such thing as less than so many minutes. A change in duty status from driving must be shown.
395.8 part (c) For each change of duty status….., the name of the city, town, or village, with State abbreviation, shall be recorded.
 
The punishment seems a little extreme.
However any change from driving status (line 3) whether it is off duty not driving or on duty not driving must be logged and the time can be written in the comments. No such thing as less than so many minutes. A change in duty status from driving must be shown.
395.8 part (c) For each change of duty status….., the name of the city, town, or village, with State abbreviation, shall be recorded.

Hmmm... I was always told that one could only flag duty (not off duty) off the drive line. Not saying that is actually correct, just what I was taught. I do know that there is no requirement to round the figure to the nearest 15 min increment.

I've looked pretty hard for any prohibition to flagging off duty (of less than 15 min), and while all examples given speak to flagging off the drive line (or on duty lines), there seems to be no rule against flagging an off duty entry. The next time I have to fill out a log, I will certainly show it (10 min. break) that way.

I think the case can be made that the only accurate way to show a 10 min. break is to flag it. Period.
 
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