Sunday, November 22, 2009

Deliberate VS Careful





Yep that is my trailer I am following with a relief driver behind the wheel of my tractor.
Sometimes things happen, you get tied up and hit the 14 or 70 hour wall because stuff happens and you get delayed, in my case I hit both last week.

My point is we make deliberate decisions when it comes to being safe, reliable and consistent.
But most drivers think they are safe even if they are "Cooking" their log book.

Like I said, these things happen, it is YOUR choice on how you will handle it.
Every company is different, some defecate all over the FMCSR book, while others preach the book and never put the rules to use unless it is to their advantage to push a load.

I have been before a DOT/NTSB review board during my career, it is NOT fun to be a part of that "inquisition" and it is something I never wish to be a part of again.
I am pleased that where I work actually supports and enforces the rules.

Sure some drivers are crying, but I say if you have to cook the books to make a pay check, you need to re-evaluate where you are at.
Not all jobs are created equal and every company is different.
If you can't make a living being legal and safe, the day WILL COME where all your cooking of books will get you, and YOU started that fire.

It may not be you or your actions that fan the flames of their wrath and it usually is not.
It's a co worker or co workers that screwed up! They started by cooking the book a little and then they or someone else hurts or worse yet kills someone and that lowers the companies overall safety score.

The first signs are when you get pulled into every scale if you have pre pass.
Or you get inspected at multiple scales in the same state.
I have even been in the situation where the score was so bad that I left a scale after an inspection only to be pulled over and re inspected on the roadside.
I was inspected so many times one week that I made an extra 400 bucks on my check for passing all 16 inspections on a run from Kodak Rochester NY to Kodak in Medford OR.
But that made for a REALLY LONG WEEK!

That company is no longer in business, they were fined and sued into bankruptcy and were absorbed for their contracts by Prime, Inc. by December 2002.
Some drivers were fined 500 dollars per each violation occurrence by OK DOT with assistance from the NTSB.
One driver whom is no longer with us on this earth was fined $25,000 another hit the
$19,000 mark.

Never mind the fines, never mind the extra stress placed upon you the driver and the toll it takes on your mind and body. The fiscal responsibility is YOURS whether you were dispatched out by the company or not. Sure if it becomes a big deal the company will ALSO be fined but they can liquidate their assets and get a new MC number in a few days.
But where will you be?

Sometimes saying NO is the most deliberate decision you can make to stay safe and free of liability.
Sometimes things happen, circumstances make the once possible totally impossible, illegal and unsafe to operate. That's trucking, stuff happens.
Don't let those situations increase your liability.
Since you are in command, you ARE LIABLE and remember YOU ARE RESPONSIBLE!

Even if you are 5 minutes past being out of time for the day or week and you are handling your rig right, a drunk can drive into your trailer and it WILL BE YOUR FAULT! A school bus can rear end you, IT IS YOUR FAULT! A Meteor can plummet from the sky onto your hood, IT'S STILL YOUR FAULT.

You were OUT OF TIME, you have no business on the road and the lawyers will say to the jury "He was 5 minutes OVER HIS TIME, He was NOT suppose to be on the road and if he were not my client would STILL BE ALIVE irregardless of his 1.6 BAC level!

Sounds a little exaggerated? it is NOT. The lawyers and investigators from all sides will pick your logs apart. DOT and maybe even the NTSB may become involved and you will have to answer for your actions since you were in violation.
Satellite tracking, fuel and repair receipts, even your own personal banking records will be used as evidence against you to build their case.
Yes, your job can be your own WORST enemy if you let it become just that.

Remember, suing trucking companies is a overweening cottage industry these days that suckles on the teet of the trucking industry.
Do you want to be the milk or worse yet the teet?
Do you want to work for the rest of your life to cover legal bills?
Are you willing to have an even LOWER standard of living for you and your loved ones?

Also ask yourself this question, have you EVER met a driver that had a Fatal accident and a hot logbook that is STILL WORKING and driving a semi?
I know in my lifetime I have not yet met one.
So WHY do so many drivers take that chance?
Also remember, you do not want to hurt anyone, but some people WANT TO BE HURT!
They will cut you off, box you in and wreck you so they can make MONEY.
If your book is cooked, you have no legal defense for being there.
Even if someone kills themselves jumping in front of your rig in traffic, if you are legal you WILL survive and work again since you were legally going about your business.

Simple things at home, kids need new cloths, mortgage or rent is due, utility bills are over due, what ever it is that pressures YOU, it sure is NOT worth losing your ability to be hired and generate an income for your family and yourself.
If you do it then you are being DELIBERATE about being UNSAFE instead of being safe.

Simple fact is, if you were that DELIBERATE about being safe, you would be in a better place, with a better position and maybe even at a better company because you are DELIBERATE about being SAFE instead of just sneaking past by being careful.

Sure careful is safe but it is not LEGALLY SAFE.
DELIBERATE means you will be SAFE and LIABILITY FREE or at least reduced.
DELIBERATE means you INTENTIONALLY maintain the discipline of proper operation, care and SAFETY.
It means you go on a deliver and make it HOME, with a proper pay check and less stress.
These are the reasons I have for being DELIBERATE and not just careful.




Don't get me wrong careful is a good thing, but DELIBERATE is even better!
It means you made a disciplined decision to do the correct thing instead of the convenient one.
It means you make yourself an Asset instead of an ASS.
It means your co workers will enjoy the benefits of your efforts along with you.
It means less stress, better reliability and consistent professionalism that your employer co workers and public will eventually acknowledge.

I know we all still have to eat but I am deliberate about how and what I eat.
If you like fecal matter sandwiches, then enjoy.
For Me, I like steak so I will keep on being deliberate and not just careful.

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