Safe Solutions

Champion Roofing Co. was a small, young, thriving roofing contracting company. Its employees were dedicated, and Jack, the company's owner, was determined to ensure his workers' safety on job sites. He was proud of his company's record of no serious accidents or injuries.

One morning, Jack asked Robert, a Champion Roofing employee, to drive a pickup truck across town and pick up two pallets containing about 1,600 pounds (726 kg) of single-ply adhesive from a supplier. Jack knew Robert was a good driver with a valid driver's license. Because the adhesive Robert was going to transport was considered a hazardous material, Robert and Jack checked the truck to make sure the proper hazardous-material placards were in place. After they completed their check, Robert eased into traffic and headed to pick up the materials.

A short time later, Robert arrived at the supplier's warehouse where the materials were waiting. Once the pallets were loaded onto the back of the pickup truck, Robert took the shipping papers and headed back to the job site.

On the way, rain began to fall and traffic slowed. Suddenly, the car ahead of Robert came to an abrupt stop. He reacted quickly, but his truck still bumped into the car. Robert got out of the truck as the other driver got out of his vehicle. The driver was angry, and the two surveyed the damage.

The truck's fender was barely dented, but the car's rear end had a big dent. The driver insisted they exchange contact and license information, so they pulled their vehicles over to the side of the road. The driver of the damaged car used his cell phone to call the police while Robert called his foreman and explained he would be delayed by the accident.

When the police officer arrived, he asked for their driver's licenses. When Robert presented his license, the officer walked around the truck, checked the placards and looked at the license again. He asked Robert for the approximate weight of the roofing materials loaded on the pickup truck. When Robert said the weight was about 1,600 pounds (726 kg), the policeman frowned. He then asked for the shipping papers, which Robert handed to him.

After the officer read the shipping papers, he explained that because Robert was transporting a large load of hazardous materials and did not possess a commercial driver's license (CDL), he was violating the law. The single-ply adhesive was classified as a Class 3 Miscellaneous Hazardous Material by the U.S. Department of Transportation (DOT), which meant because the weight of the load was more than 1,001 pounds (454 kg), Robert was required to have a CDL. Because Robert did not possess a CDL and was transporting hazardous materials in excess of the 1,001-pound (454-kg) trigger, he was breaking the law.

The officer cited Robert and told him he was not permitted to drive the vehicle and suggested Robert call his employer.

Robert reluctantly called Jack and explained the situation. Jack dispatched a driver to meet Robert. When the driver arrived, they switched vehicles and the driver with a CDL drove the truck.

The following day, Jack consulted his attorney to explore the ramifications of Robert's incident. He had not known Robert had required a CDL to transport the load of single-ply adhesive in a pickup truck. The attorney told Jack roofing contractors are required to register under the Hazardous Materials Regulations if they use placarded transport vehicles that carry loads of 1,001 pounds (454 kg) or more of flammable mastics and adhesives.

The attorney also told Jack the federal penalty for a driver who violates the CDL requirement is a civil penalty of up to $2,500 or, in aggravated cases, up to $5,000 and/or up to 90 days in prison. An employer also could be subject to a penalty of up to $10,000 if he knowingly allows a driver to operate a commercial motor vehicle without a valid CDL.

The next day, Jack held a meeting for Champion Roofing's employees and explained how the company would comply with DOT regulations. Jack was determined every employee responsible for driving a company truck would follow the rules of the road.

Peter Greenbaum is NRCA's manager of education programs.