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Snow contractors are dependent upon those who work for them during any given event. They need these people to perform at high levels even after working long hours in horrendous conditions.

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John Allin December 22, 2011

We have a responsibility to our customers to provide safe environments for those who visit their sites. We also have a responsibility to our employees.

Snow contractors are dependent upon those who work for them during any given event. They need these people to perform at high levels even after working long hours in horrendous conditions. Federal laws dictate these folks be paid overtime rates after working 40 hours in any given work week. Unscrupulous contractors often attempt to circumnavigate these laws in an effort to increase margins by attempting to convince workers they are "exempt" from such regulations.

Aside from the idea that having plow drivers work extended hours without a break is unfair and likely unsafe, it is not good business to abuse those who generate profitable revenues. An overtired worker can make mistakes; in the hands of such overtired operators, plow trucks can become dangerous killing machines. Some believe a plow driver who has been operating a truck for 18-plus hours has the same reaction time as a legally drunk individual.

Safety concerns should top the list. And, it's not just operator safety. What about those others who are driving snowbound streets during an ongoing storm? Don't they deserve to have safe, alert operators in the vehicles they encounter when they are forced out in the storm?

Proper scheduling and training of plow-truck operators can be difficult at best. In any professional snowplowing operation, consideration of the workers' own safety as well as safety concerns of others outside the organization needs to take precedence. Even short breaks are better than none at all. Sometimes operators only need to get something appropriate to eat, have a shower and a couple-hour nap to be fresh and alert. Yes – it can be difficult to force a break on the diligent employee, but it is in everyone's best interest to do so.

The same goes for sidewalk crew members. These workers are generally classified as laborers. Laborers and others in the workforce are entitled to a "lunch-break" every six hours of work. Employers are often fined for not having safe work environments for their workers. Forcing employees to work extended hours without any kind of break can violate state and federal laws. Employers need to guard against taking advantage of these workers who generate our revenues.

There simply is no way around the fact that the law is clear. Additionally, if paying an employee/operator/sidewalk employee federally-mandated overtime creates a margin issue for the snow contractor, then the pricing the contractor is using for services rendered is not appropriate.

Sometimes it is a matter of just doing what is right... and legal. Allowing snowplow operators and sidewalk crew members time to recuperate from extended work periods is good business. Being concerned with the overall safety of employees and others who have occasion to be around those workers is good stewardship as well as good business.

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