Can I refuse to drive in snow for work?

Question

My employer will not provide chains for a rear-wheel drive van. I drive to about 5 locations a day, sometimes long distances. Can I call in to work and cite unsafe driving conditions?

Answer 1

Only if the highway is legally closed, or the police have asked drivers to stay off the road.  In 42 years of driving, I have encountered such conditions 3 times, once was snow, and twice for freezing rain.  I lived in winter country all my life, have a healthy respect for winter, and 99.999% of the time, if I can get out of my driveway, I can drive safely where I am going.  But, I never drive in winter with summer tire.  I use either winter tires, or good all-season tires with minimum 5/32" tread left.

Answer 2

This may be regulated by your state's DMV or DOT. If you are driving the van for work, it should fall under commercial vehicle rules and regulations.

Just refusing to do it and citing dangerous conditions could be grounds for dismissal.

Answer 3

It would be best if you contacted your local department of motor vehicles and ask them, but you should do what is always safe.

Answer 4

Sure, and your employer can replace you with someone who isn't afraid to drive in the snow.

Answer 5

Oooo - a juicy question, just right for an attorney.  Call your local college's legal education department, and have them assign this one!  Safety vs. commerce - ahem.  Have a healthy and happy new year!

Answer 6

You can certainly refuse to drive if you think it's unsafe, but your boss can refuse to continue your employment if you don't do the job you're being paid for.  Odds are there are dozens of other drivers out there who would be happy to take the job you don't seem to want.

Answer 7

you can refuse to do anything you don't want to do.

Answer 8

The company van should be safe to drive.  If the company vehicle is unsafe, a reasonable request to have chains or better all-weather tires installed should be honored.

If you are driving your own vehicle, you'll be typically reimbursed for mileage.  That mileage allowance is designed to cover 'fuel, maintenance, and wear and tear' - which includes oil changes, wipers, tires, antifreeze, washer fluid, and anything else you do to keep the vehicle running safely.  Adding chains to your own vehicle is at your discretion, and you pay for that yourself.

Calling in to work from home to claim bad weather may sound like calling in 'sick' when you aren't.  Every reasonable effort should be made ot get to work.  You might suggest (before the next snowfall) that a voicemail could be established -- the boss records the 'greeting' on a specific phone number to indicate whether work for the day is 'as normal', 'delayed' or 'cancelled/closed'.  Then, each employee calls in, listens to the greeting, and leaves a message (that they heard the announcement, and what their plans are to make it in to work).

"For Tuesday, January 20th, weather conditions have restricted transportation.  Employees on first shift should report one hour late, employees on second shift report on time.  Drivers are expected to arrive within one hour of their normally scheduled starting time."

Your reply might be something like:

"This is Mike.  The roads are bad out where I am, so I will be in.  I'm scheduled to start at 8am, but expect to need more time.  I will be there by 9am.  If the roads are worse, I'll call in again to let you know.  Call my cellphone at x*x.x*x.xxxx if you need to reach me, or decide to cancel my route."

Answer 9

if you want to loose your job!!

Answer 10

They won't let you get away with it. I would get my own. http://tirechain.com is a good source.

Answer 11

I don't think so unless it's your uncle.

Answer 12

Iam going to say probably not. When you took the job(driving), you had to know there would be days when the roads wouldn't be in the best conditions. Check with the tax agency,maybe you could get a write off for chains as a business expense. I don't know for sure,but it's worth a try.

Answer 13

You can refuse at any time to put yourself into danger.     Your employer can also find someone who can get the job done.

Answer 14

You can if your a Teamster