Deaf drivers reach proposed settlement with UPS

Calvin said:
UPS package trucks have the back up camera installed since about 2002 or 2003, I can't remember. So yes, it is the driver's responsibility to check surrounding the package truck before proceeding. Some children can still sneak and try to get around the truck while UPS drivers are not aware.

Yes, I heard about the accident and that's one of the reason OSHA requires outside UPS yard to wear reflective vests. When something happens, UPS is easy to blame on the employee's part no matter if you're at fault or not. UPS also requires certified employees (non driver) to be allowed in the UPS yard. That is also the reason the rules added because of the accident and OHSA's recommendation. I'm pretty sure UPS got fined by OSHA for the accident.

I agree the compensation and insurance is ridiculous but since accidents happen and they are paying for it. It's not cheap to have that kind of insurance.

You have a :gpost: there Catty :thumb:
Click to expand...

I was told in training that some kids are mischievous giving delivery truck driver problem. If problems arise, shut off the truck, contact supervisor. When supervisor arrives. They'll talk with kids and even contact parents. IF kids won't admit where they live, cops will be the next thing.

Can you imagine that on Youtube.com, I've seen kids playing with USPS LLV by climbing on top and flip-jump and landed and ran while driver was unaware. Other video show kids was riding on bumper but driver stopped real quickly (cuz the driver spotted him through convex mirror) and kid got his nose banged on cargo door and took off. The driver was pissed. That's pretty scary when you are on job and kids can be really ornery. I could agree that it's pretty sticky situation.

When driving through the neighborhood between parked cars. I usually drive very slowly while passing through parked cars and keep eye on parked car cuz kids can dart out between parked car which is scary part. I kept my foot hoovering over brake pedal just in case.

catty
 
UPS to allow hard-of-hearing drivers

UPS to allow hard-of-hearing drivers

United Parcel Service tentatively settled a 10-year-old lawsuit Tuesday by agreeing to allow some deaf and hard-of-hearing employees to compete for jobs driving small delivery vans after special testing and training.

The settlement, which awaits approval by a federal judge in San Francisco, would apply to about 1,000 workers and 1,250 vehicles at UPS, the world's largest private package carrier, said attorney Laurence Paradis, executive director of Disability Rights Advocates in Berkeley.

The dispute involves trucks weighing 10,000 pounds or less, a small percentage of UPS' fleet of nearly 100,000 vehicles. U.S. Department of Transportation regulations require drivers of trucks weighing more than 10,000 pounds to pass hearing tests, but the company has applied the same standards to its smaller vehicles.

UPS argued that deaf drivers were more likely to get into accidents because they couldn't hear sirens, screeching tires or other danger signals. Plaintiffs in the nationwide suit said they were unfairly confined to low-level jobs as loaders and sorters despite records that showed they were safe drivers.

After a two-month trial, U.S. District Judge Thelton Henderson ruled in 2004 that the company was discriminating illegally against deaf people with good driving records. But a federal appeals court ruled in December 2007 that he had used the wrong standard and ordered him to reconsider.

Negotiations since that ruling led to Tuesday's settlement, Paradis said.

The agreement requires the company to use a more lenient hearing standard, established by an expert panel, for qualified employees. Paradis said those who are completely deaf won't meet the standard, but many who consider themselves deaf or substantially impaired will pass the test and qualify for training, which would probably include sign-language interpreters and other communication aids.

After a year, the two sides would assess the results and negotiate changes or a permanent extension, referring any disputes to an arbitrator. The company agreed to pay $35,000 to each of seven employees who filed the suit, and $5.25 million to their lawyers.

Other employees who believe they were wrongly barred from drivers' jobs, dating back to mid-1997, can file individual damage claims with federal and state civil rights agencies, Paradis said.

"This first-of-its-kind class action on behalf of deaf and hearing-impaired employees broke new ground and made new law," said Todd Schneider, an attorney for the plaintiffs.

UPS' fleet safety manager, Gerry Eaker, said the company "remains committed to treating our employees with disabilities, including those with hearing impairments, fairly, while maintaining our unwavering commitment to public safety."
 
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