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Cases in law - Assignment Example

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Your client, a transporter of Class A explosives, had trucks, with a driver only, delivering explosives in North and South Dakota, Wyoming and Eastern Montana. During the winter months the drivers are often caught in unexpected heavy snowstorms that necessitate driving under…
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Download file to see previous pages OSHA requires that they remain “alert” and attend to the vehicle at all times. FMCSA on the other hand is of the opinion that the drivers require sleep once they are off the road.
Your client comes to you with the question of whether or not these tired drivers must remain awake and “alert” once they are off the road as OSHA requires, or can they sleep, as FMCSA believes they should?
The drivers should apply the fatigue management program which according to FMCA provides managers and drivers with a framework for managing drier fatigue through and among other items awareness and education on screening for sleep disorders, biocompatible scheduling practices as well as an understanding of the need and implications of good sleep habits (Department Of Transportation, 2005). The shift changes and driver fatigue recovery is the best strategy for application under this case. In the case above, the drivers ought to have been scheduled on issues related to shift changes either through weekend recovery from cumulative fatigue. Truck drivers are allowed to take their weekends on any day of week (Department Of Transportation, 2005). This is for the sake of avoiding the issue of concern which is the recovery process that occurs during these days off. Having known that during winter months drivers are often caught in unexpected heavy snowstorms that necessitate driving under adverse conditions and at very slow speed which causes the drivers to drive at least 14 hours to reach a place of safety, they ought to have prepared for it (Department Of Transportation, 2005). In addition, they ought to have taken their leaves earlier to recover from accumulate fatigue before embarking on this journey.
Nevertheless, some degree of sleep and fatigue is likely to catch up with the drivers due to human nature and more especially after driving very slowly in a heavy snowstorm with a truck full of explosives (Department Of Transportation, 2005). In such a case, the ...Download file to see next pagesRead More
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