Why Oil Field Workers Suffer So Many Truck Accidents

Most truck drivers are required by federal law to get enough sleep and rest. The oil field industry, however, is exempted from parts of the federal laws on driving and fatigue, administered by the Federal Motor Carrier Safety Administration (FMCSA). The exemptions were created in the 1960s at the request of the oil and gas industry.

A New York Times article from a few years ago shows how dangerous that exemption was – and still is. The piece tells the story of Timothy Roth, who, along with three of his crew members, began a four-hour drive home after working for 17 hours straight. Just 10 minutes before they would have reached home, “the driver fell asleep at the wheel. The truck veered off the highway and slammed into a sign that sheared off parts of the vehicle’s side, killing Mr. Roth.” Mr. Roth had barely survived a similar accident two months before, when another sleepy driver hit a pole. The Times reported that his employer had face penalties in multiple states for forcing his “oil field truckers to driver after working for 14 hours, the legal limit.”

The federal driver fatigue law and the corresponding oil field exemptions

The FMSCA set strict guidelines for how long a commercial truck driver can be on the road, and when. There has been some confusion over the last year or two, as certain rules have been suspended, and others have been challenged. As of this writing, these are the most up-to-date rulings:

• No driving can be done at all after 14 consecutive hours on the job – even if that 14 hours involves work other than driving.
• The maximum amount of time a commercial driver, hauling goods or property, can be on the road is 11 hours.
• He or she can only be on the road for 11 hours if he or she has rested for 10 consecutive hours.
• “May drive only if 8 hours or less have passed since end of driver’s last off-duty or sleeper berth period of at least 30 minutes.”
• No one may drive after 60 hours (seven consecutive days) or 70 hours (eight consecutive days). However, that driver can restart his or her time clock if he or she has at least 34 hours’ worth of time off during a 168-hour week.

Oil and gas field drivers, however, are granted three exemptions. They:

1. Can restart with only 24 hours off.
2. Are allowed to log their time waiting as time off. Therefore, if a truck driver gets to a well site and has to wait for 4 hours, he or she can say those four hours were off-time, as opposed to wait-time. (This only applies of the vehicle is specifically designed to haul gas or oil.)
3. Can split their break times, so long as they spend it in a sleeper berth or sleeping at the well site, allowing them to take shorter breaks over less time.

The New York Times article reported that more than 300 workers in the oil and gas industry have died in traffic accidents in the last decade. Trucking accidents cause more oil and gas deaths than any other factor. Despite the high number of fatalities, the federal work hour exemption is still in place. While truckers like the ability to earn more money, many oil and gas workers claim they are required to drive even after working 20-plus hour shifts.

The National Transportation Safety Board objects to the oil field truck hour exemptions because of the safety risks. The dangers to drivers, workers, and the public are expected to increase in part due to the increase in oil and gas wells, and in part due to fracking. Fracking requires more trucks and more trips than standard drilling because of the water needed to complete the process.

If a loved one was killed by in a North Dakota oil field truck accident, you may have the right to bring a wrongful death claim. To understand your rights, please speak with the experienced North Dakota oil field attorneys at Larson Law We work aggressively to prove liability and to negotiate or litigate the damages you deserve. To schedule your free initial consultation, please phone our Minot office at 701-484-4878, or use our contact form