Hand Bombing / Tailgating

ZoCNX

ZoCNX

Active Member
Mar 7, 2016
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I have this load where my drivers need to help unloading (Driver need to push skids to the tail of the trailer) mostly all receivers have a pallet jack or pump truck… BUT this one time receiver had no equipment and each skid was about 60 lbs. Driver refused to help. I told the broker as it is. Brocker agreed on NO help from the driver – too heavy, 40 minutes later he called me back saying we receive a call from customer and driver’s help is needed… and by the time I called the driver, trailer was empty…. Later on the same day Broker told me that since the driver never get out of the cab, I’m not allowed on this delivery location any more… So I asked him to provide me with this “magic number” so I would know what’s “too heavy” for the future… still waiting to hear back

So my question is….

Is there any law and/or about weight limit for this situation or similar one? Or maybe somebody has any experience in this area and knows what is “too heavy for driver to lift”?
 
Is this an international shipment (delivering in the USA)? THis could be an issue if a Canadian driver was doing the delivery (without a green card).
If domestic Canada, I'll say this - it's the brokers job to know and give you every detail of information required in order to fulfil your part of the puzzle. You would have potentially put another driver on the run if you knew in advance I bet.

Just my 2 cents, keep well,
Mike
 
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MikeJr said:
Is this an international shipment (delivering in the USA)? THis could be an issue if a Canadian driver was doing the delivery (without a green card).
If domestic Canada, I'll say this - it's the brokers job to know and give you every detail of information required in order to fulfil your part of the puzzle. You would have potentially put another driver on the run if you knew in advance I bet.

Just my 2 cents, keep well,
Mike
Click to expand...

Deliveries are always going to USA and all my drivers are Canadian (no green card)
What's the issue? Is it illegal?
 
It's technically illegal from a Labor and Immigration point of view though it's highly unlikely you would come across an issue. BUT ... if the broker misrepresented the shipment it is a problem. No touch is no touch, plain and simple. If the broker doesn't disclose it, it's up to you as far as what it is worth to you and your driver.

Most of the time where the receivers need some sort of assistance in unloading there is a lumping service involved and any such expenses are 'pass-through'.

So if the receiver doesn't want your driver over there ... well, plenty of fish I suppose.
 
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ZoCNX said:
I have this load where my drivers need to help unloading (Driver need to push skids to the tail of the trailer) mostly all receivers have a pallet jack or pump truck… BUT this one time receiver had no equipment and each skid was about 60 lbs. Driver refused to help. I told the broker as it is. Brocker agreed on NO help from the driver – too heavy, 40 minutes later he called me back saying we receive a call from customer and driver’s help is needed… and by the time I called the driver, trailer was empty…. Later on the same day Broker told me that since the driver never get out of the cab, I’m not allowed on this delivery location any more… So I asked him to provide me with this “magic number” so I would know what’s “too heavy” for the future… still waiting to hear back

So my question is….

Is there any law and/or about weight limit for this situation or similar one? Or maybe somebody has any experience in this area and knows what is “too heavy for driver to lift”?
Click to expand...


You can always go back at them with the fact that it's technically illegal to force any interstate driver to load or unload their freight:

49 U.S. Code § 14103 - Loading and unloading motor vehicles:

47 Stat. 70; 29 U.S.C. 101 et seq.), commonly known as the Norris-LaGuardia Act.

(b) Coercion Prohibited.—It shall be unlawful to coerce or attempt to coerce any person providing transportation of property by motor vehicle for compensation in interstate commerce (whether or not such transportation is subject to jurisdiction under subchapter I of chapter 135) to load or unload any part of such property onto or from such vehicle or to employ or pay one or more persons to load or unload any part of such property onto or from such vehicle; except that this subsection shall not be construed as making unlawful any activity which is not unlawful under the National Labor Relations Act or the Act of March 23, 1932
 
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Lumpers are crazy in the states, we will have 6 skids and they charge $250US pass through or not it is a ripoff.
 
Thank you all for your replays…. I think….this law is not applying to me… since I’m not actually unloading the trailer; I’m just moving some skids inside of the trailer…

Anyway, we did agreed with the Brocker that driver is tailgating but we were not agree on the weight of each skid if there is no equipment provided… so the question that I still have is about the weight that regular driver is legible to lift…. Any comments on that?
 
250 lbs or less and I wouldn't hesitate to grab a logistics strap and drag it.
Get er done...

Of course a smart driver also keeps a couple pieces of steel pipe handy for times like this..
 
I do not believe that there is standard weight maximum for the driver. As snafu says, an owner operator with a time deadline for his next pickup is going to be a little more creative than most. But it is imperative that the kind of information be known before you show up. If the freight needs to be on the tail end and is heavy I have found that sweet talking the call before and asking them to pull it back with a fork lift goes a long way.
 
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It blows me away to see shipping/receiving facilities with no dock level doors and actually request that a truck arrive with a pump jack. I guess the $300.00 wasn't in the budget when they built the place or signed the lease. Then what happens when you get to your next load and it is right to the back doors with no room for your pump jack?
 
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This is actually a very interesting subject. When your owner operators/drivers are not paid for the first 2 hrs of unloading/loading and you expect them to do some major physical work - is this fair to them? You didn't inform your driver what this delivery would entail. So, is it his/her fault to refuse to help? Unless you have agreed before hand that this is a part of the job, looking for a maximum weight the driver is allowed to lift is pointless and misleading. In my experience, drivers will move mountains if the compensation is right. This broker deliberately withheld important information to avoid paying for the extra work. Asking your diver to do it was quite unethical especially if a satisfactory compensation was not mention at the same time. This is clear. What is not clear is why you would ever even consider taking a load from them again. It is quite possible that your driver is looking already for another carrier as not to find himself/herself in the same situation again.
 
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WALTERK said:
This is actually a very interesting subject. When your owner operators/drivers are not paid for the first 2 hrs of unloading/loading and you expect them to do some major physical work - is this fair to them? You didn't inform your driver what this delivery would entail. So, is it his/her fault to refuse to help? Unless you have agreed before hand that this is a part of the job, looking for a maximum weight the driver is allowed to lift is pointless and misleading. In my experience, drivers will move mountains if the compensation is right. This broker deliberately withheld important information to avoid paying for the extra work. Asking your diver to do it was quite unethical especially if a satisfactory compensation was not mention at the same time. This is clear. What is not clear is why you would ever even consider taking a load from them again. It is quite possible that your driver is looking already for another carrier as not to find himself/herself in the same situation again.
Click to expand...

I have this loads everyday and tailgating was agreed with broker from the beginning. I do like working with this broker. Plus each load pays extra due to this "special" service. Not all delivery location need this "special" service but I'm still getting my extra $$$ for it. All drivers are getting compensated each time as well. I'm not using all my drivers for this line, only those who agreed, and those who agreed quite happy about this extra $$$ for helping out. as you, WALTERK, mentioned when you give a bit of $$$ to driver for extra service, they will move mountains.

I'm not saying all the drivers like that (as everybody else, I do have those drives where in case there is ANY delays and/or issues, they think IT IS a time to get reach AND if they screwed up "well, I'm sorry" or "I did know that" and etc)

Reasonable money for reasonable work, I only need to get reasonable weight approved, so all the parties are happy.

P.S. Drivers always looking....Every single driver think that the carrier company across the street is paying twice more for twice less work. In reality it is mostly same rates / same loads / same etc.
 
I'm guessing not a lot of people don't worry about WSIB because that is 70lbs. Me personally if I was back driving whatever is the fastest way to get it off my truck would be the right solution.
 
The law states nobody can lift or be forced to lift more than 50 lbs. It's BS like this that made me give up hailing vans. The driver or O/O is a transportation engineer not a lumper. Having a driver unload is a means of avoiding paying an extra person on the dock, why pay an extra wage of 30 - 40,000 a year when you can con a driver into doing it for you.
Last time I looked the calender said 2016, they do make forklifts now.
 
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Actually UPS limits are 108" long, max 165 girth Length + (Width*2) + (Height*2) calc, and 149 lbs per single piece.

Anything over 70 lbs, requires a HEAVY Sticker Tape, and is subject to a $11 additional handling charge and it negates next day service guaranties if shipped on express or express saver services.
 
WSIB was not willing to disclose any information in this matter, unless claim is being made....(explaining: it's depends on the situation and etc.)
...
Here is the response from the Labour Office:
...
DIVISION III

MANUAL HANDLING OF MATERIALS

14.46 (1) Where, because of the weight, size, shape, toxicity or other characteristic of materials, goods or things, the manual handling of materials, goods or things may be hazardous to the health or safety of an employee, the employer shall issue instructions that the materials, goods or things shall, where reasonably practicable, not be handled manually.

(2) For the purposes of subsection (1), the employer shall take into account the frequency and duration of manual lifting and the distances and terrain over which an object is to be manually lifted or carried in deciding whether the manual handling of the materials, goods or things may be hazardous to the health or safety of an employee.

14.47 No employer shall require an employee who is an office worker and whose primary tasks do not include manual lifting or carrying to manually lift or carry materials, goods or things in excess of 23 kg.

14.48 Where an employee is required manually to lift or carry loads weighing in excess of 10 kg, the employer shall instruct and train the employee

(a) in a safe method of lifting and carrying the loads that will minimize the stress on the body; and

(b) in a work procedure appropriate to the employee’s physical condition and the conditions of the work place.

14.49 Where an employee is required manually to lift or carry loads weighing in excess of 45 kg, the employer shall give instructions to the employee in accordance with section 14.48 that are

(a) set out in writing;

(b) readily available to the employee; and

(c) kept by the employer for a period of two years after they cease to apply.
 
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