OSHA or Labor laws regarding bathroom breaks.

[mzungu]

Here it is, the first section is the OSHA standard as it should apply to drivers. you can click on it and read the whole thing if you want. The second and third link are interpretations of this standard. The first link is as it applies to USPS letter carriers which should be the same for us. The second link if you scroll towards the bottom answers a question regarding paid time and refers to a statute by number with the division of labor wage and hour division. Below that link is the language of the statute. The lady I talked to said this applies to stopping to use the restroom. If you want an actual copy of it, you have to contact your local dept of labor wage and hour division as it is not on the internet. OSHA puts the disclaimer on all of this that any complaints are decided on a case to case basis, and you should first talk to your employer regarding this issue. I talked to a manager on Friday and tried three different ways to pin them down to get UPS' policy on this,which they wouldn't commit to anything. My view is management wants it both ways so they can use this in disiplinary action if someone abuses the privililage but I got the impression if you don't they don't have a problem with stopping on their dime for this issue. I will take everything I have to the labor manager next week and based on what he says, I will or will not contact OSHA and file a complaint and get a ruling on this, but OSHA will only rule in regards to whether we can stop or not, not if we get paid to stop. that is all I have for now. hope this helps.

1910.141(c)(1)(ii)
The requirements of paragraph (c)(1)(i) of this section do not apply to mobile crews or to normally unattended work locations so long as employees working at these locations have transportation immediately available to nearby toilet facilities which meet the other requirements of this subparagraph.

http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=25374

http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=24563

Rest and meal periods
785.18 Rest
rest periods of short duration running from 5 to 20 minutes, are common in the industry. They promote efficiency of the employee and are customarily paid for as working time. They must be counted as hours worked. Compensable time of rest periods may not be offset against other working time such as compensable withing time of on call-time.

 

[mzungu]

Here it is, the first section is the OSHA standard as it should apply to drivers. you can click on it and read the whole thing if you want. The second and third link are interpretations of this standard. The first link is as it applies to USPS letter carriers which should be the same for us. The second link if you scroll towards the bottom answers a question regarding paid time and refers to a statute by number with the division of labor wage and hour division. Below that link is the language of the statute. The lady I talked to said this applies to stopping to use the restroom. If you want an actual copy of it, you have to contact your local dept of labor wage and hour division as it is not on the internet. OSHA puts the disclaimer on all of this that any complaints are decided on a case to case basis, and you should first talk to your employer regarding this issue. I talked to a manager on Friday and tried three different ways to pin them down to get UPS' policy on this,which they wouldn't commit to anything. My view is management wants it both ways so they can use this in disiplinary action if someone abuses the privililage but I got the impression if you don't they don't have a problem with stopping on their dime for this issue. I will take everything I have to the labor manager next week and based on what he says, I will or will not contact OSHA and file a complaint and get a ruling on this, but OSHA will only rule in regards to whether we can stop or not, not if we get paid to stop. that is all I have for now. hope this helps.

1910.141(c)(1)(ii)
The requirements of paragraph (c)(1)(i) of this section do not apply to mobile crews or to normally unattended work locations so long as employees working at these locations have transportation immediately available to nearby toilet facilities which meet the other requirements of this subparagraph.

http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=25374

http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=24563

Rest and meal periods
785.18 Rest
rest periods of short duration running from 5 to 20 minutes, are common in the industry. They promote efficiency of the employee and are customarily paid for as working time. They must be counted as hours worked. Compensable time of rest periods may not be offset against other working time such as compensable withing time of on call-time.

 

[mzungu]

sorry about the misspelling on the last sentence. It should read "waiting time or on-call time"

 

[UpstateNYUPSer(Ret)]

mzunga, you have 15 minutes from the time you post to edit that post. Simply hit "edit post", make any corrections, and then hit "save". It may or may not ask you for a reason for editing--you can put something there if you want. Dave.

 

[tieguy]

I think its time for mzunga to test the policy. please take a bathroom break and refuse to code yourself out to meal. when discharged for stealing time please run the case through the full process so we can all learn from your adventure.

 

[JonFrum]

I think its time for mzunga to test the policy. please take a bathroom break and refuse to code yourself out to meal. when discharged for stealing time please run the case through the full process so we can all learn from your adventure.

As a member of Management, could you officially tell us all the activities "personal time" may be used for, how much time is allowed for each, if it is paid time, and when one becomes guilty of "exceeding personal time."

ARTICLE 37. MANAGEMENT EMPLOYEE
RELATIONS
Section 1.
(d) No employee shall be disciplined for exceeding personal time based on data received from the DIAD/IVIS or other information technology.

 

[UpstateNYUPSer(Ret)]

I would interpret the above to mean that I am not allowed to exceed my 45 minute unpaid meal period and 10 minute paid break.

Jon, that is not the question posed by the OP. He told us that his mgt team has directed everyone in his work area to punch out and in for bathroom breaks. It sounds to me as though this work group has been abusing the privilege and mgt is simply trying to get a handle on it. It also sounds like this may be a flavor of the month in this bldg and mgt will focus on another issue next month.

 

[Bubblehead]

I think its time for mzunga to test the policy. please take a bathroom break and refuse to code yourself out to meal. when discharged for stealing time please run the case through the full process so we can all learn from your adventure.

I'll be the test dummy.
I already called that bluff in my building.
They folded, as they will, so long as your not trying explain away 10 "restroom breaks".

I would interpret the above to mean that I am not allowed to exceed my 45 minute unpaid meal period and 10 minute paid break.

Jon, that is not the question posed by the OP. He told us that his mgt team has directed everyone in his work area to punch out and in for bathroom breaks. It sounds to me as though this work group has been abusing the privilege and mgt is simply trying to get a handle on it. It also sounds like this may be a flavor of the month in this bldg and mgt will focus on another issue next month.

Using the restroom isn't a "privilege".
It's a necessary bodily function.
What happens when you have to use the restroom after you have exhausted all of your lunch and break time?
This is a typical UPS management bluff.
Throw some poop against the wall and see if it sticks.
They count on the meek to take it as gospel and at the very least they gain a little bit.

 

[UpstateNYUPSer(Ret)]

... so long as your not trying to explain away 10 "restroom breaks".

How is that not abusing the privilege?

What happens when you have to use the restroom after you have exhausted all of your lunch and break time?

I deliver in the city where there are plenty of public restrooms. My body seems to know where the nearest bathroom is.

 

[tieguy]

As a member of Management, could you officially tell us all the activities "personal time" may be used for, how much time is allowed for each, if it is paid time, and when one becomes guilty of "exceeding personal time."

ARTICLE 37. MANAGEMENT EMPLOYEE
RELATIONS
Section 1.
(d) No employee shall be disciplined for exceeding personal time based on data received from the DIAD/IVIS or other information technology.

Look who's my buddy now. ever answer my question on the other thread as to why you were coaching another poster on how to engage in fmla fraud? Is this a one sided relationship we have here?

 

[Bubblehead]

I think its time for mzunga to test the policy. please take a bathroom break and refuse to code yourself out to meal. when discharged for stealing time please run the case through the full process so we can all learn from your adventure.

... so long as your not trying to explain away 10 "restroom breaks".

How is that not abusing the privilege?
It would be abuse and likely dealt with as dishonesty/stealing time as Tie alluded.
The semantics of the term privilege was only for effect.



What happens when you have to use the restroom after you have exhausted all of your lunch and break time?

I deliver in the city where there are plenty of public restrooms. My body seems to know where the nearest bathroom is.
Are you coding this time as personal time?
I'm saying you shouldn't have to.

Like I said before, I'll take this one to the state panel.
It won't happen, it's a bluff.

 

[JonFrum]

Look who's my buddy now. ever answer my question on the other thread as to why you were coaching another poster on how to engage in fmla fraud? Is this a one sided relationship we have here?

The answer was in post #4 (of the other thread). . .

Disillusioned said: ". . .A similar occurrence happened over 2 years ago when I had a medical problem (I felt the need for medical attention for panic and it turns out my blood pressure went to 200/100) and the business manager refused to let me leave and I did anyway. I got my job back that time in 2 days. . ." [Emphasis added.]

Of course, none of us are mindreaders. We can only go by what limited details the original posters give us. But the phrase "similar occurance" suggests Disillusioned may suffer from Panic Attacks. If so, he has a right to leave work the first time without invoking FMLA, because the burden is on UPS to realize FMLA applies. Once UPS notifies him of the FMLA proceedures, he should then get pre-qualified for Intermittant FMLA Leave in the future. This will cover him for any sudden-onset Panic Attacks that happen during the next six months.

 

[tieguy]

The answer was in post #4 (of the other thread). . .

Disillusioned said: ". . .A similar occurrence happened over 2 years ago when I had a medical problem (I felt the need for medical attention for panic and it turns out my blood pressure went to 200/100) and the business manager refused to let me leave and I did anyway. I got my job back that time in 2 days. . ." [Emphasis added.]

Of course, none of us are mindreaders. We can only go by what limited details the original posters give us. But the phrase "similar occurance" suggests Disillusioned may suffer from Panic Attacks. If so, he has a right to leave work the first time without invoking FMLA, because the burden is on UPS to realize FMLA applies. Once UPS notifies him of the FMLA proceedures, he should then get pre-qualified for Intermittant FMLA Leave in the future. This will cover him for any sudden-onset Panic Attacks that happen during the next six months.

Intermittant fmla may be one of the greatest scams the liberals have ever bestowed on society. what it allows is someone with lesser seniority to now use his fmla excuse to get a prime friday off. So you use your fmla excuse to take off those fridays and then management is short staffed because they did not plan on you and someone else calling out along with being maxed out on vacations and optionals.

So there we have someone who got burned trying to avoid attendance accountabily and you give him unasked for guidance on how to defraud the fmla process to take off whenever he feels like it.

the reason you guys can't organize fdx is because of this kind of fraudulent advice given by you fine upstanding teamsters.

 

[tomuchdrama]

Hourly Employees should never be smoking on company time, so I assume you are talking about management. So with that being said, if you want to worry about what other people are doing, put in your letter of intent to be a part time supervisor. Every manager runs their hub/center that way they want to. Personally I don't care if management step outside for a smoke. With that being said, all their work better be done, and if part time be under 5.5 hours. Oh and god help them if one of their employees get hurt while they are smoking. If you make it very clear to your management team of your expectations most will fall in line and only step outside when they can.[/QUOTE

 

[UPSSOCKS]

What is a 22.3? UPS agreed to add 10,000 FT jobs over the life of the 2002-08 contract essentially by combining PT jobs. These jobs are not being filled when they become vacant.

Feeder Driver? These are the employees who drive the tractor trailers. They also know the location of every Dunkin Donuts and generally need to order pants with a bigger waist.

Full time Specialist? Supervisors not involved in package operations.

BD? Business development--tasked with gaining new volume while retaining present volume. They also know the location of every Starbuck's.

CSHP? Safety.

PE? Physical engineering, also called plant engineering.

Are they positions that a driver usually wants to strive for or is driving the best place to be?

The answer to this questions depends solely upon the person. I have put my letter in on 3 separate occasions. 2 happened to be during a hiring freeze. The first one I had some customer service issues which did not look favorable. With 21 years in I would be foolish to try again.

$30/hr plus benefits for a job that does not require more than a HS diploma is nothing to sneeze at.

A specialist is not quite a supervisor but in between a part time supervisor and and a full time supervisor.......

 

[UpstateNYUPSer(Ret)]

BH, I do not code out personal time if I use the restroom at one of my delivery stops.

Socks, thanks for the correction.

 

[hypocrisy]

Intermittant fmla may be one of the greatest scams the liberals have ever bestowed on society. what it allows is someone with lesser seniority to now use his fmla excuse to get a prime friday off. So you use your fmla excuse to take off those fridays and then management is short staffed because they did not plan on you and someone else calling out along with being maxed out on vacations and optionals.

So there we have someone who got burned trying to avoid attendance accountabily and you give him unasked for guidance on how to defraud the fmla process to take off whenever he feels like it.

the reason you guys can't organize fdx is because of this kind of fraudulent advice given by you fine upstanding teamsters.

Actually, I would say it's the inability of companies like UPS to fairly treat employees with short-term health issues that brought you Intermittent FMLA. When will Corporate America learn that the heavy hammer of Government Regulation (regardless of what party is swinging it) is much less desirable than actually showing compassion?

 

[UPSSOCKS]

Actually, I would say it's the inability of companies like UPS to fairly treat employees with short-term health issues that brought you Intermittent FMLA. When will Corporate America learn that the heavy hammer of Government Regulation (regardless of what party is swinging it) is much less desirable than actually showing compassion?

compassion.... When will people like you learn that nobody cares about your feelings....

 

[SWORDFISH]

Like I said before, I'll take this one to the state panel.
It won't happen, it's a bluff.

I called their bluff on this one to. I agree w/ you. UPS has no ground to stand on. I cant believe this is being argued whether you code out 2min to go to the bathroom LOL.

 

[over9five]

I called their bluff on this one to. I agree w/ you. UPS has no ground to stand on. I cant believe this is being argued whether you code out 2min to go to the bathroom LOL.

I can hear the arbitrator laughing already!