Man Jailed for 30 days for picking up garbage too early?

Discussion in 'Politics, Religion, Social Issues' started by samiwas, Mar 7, 2015.

  1. samiwas macrumors 65816

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    #1
    http://www.wsbtv.com/news/news/national/sanitation-worker-sent-jail-picking-too-early/nkNYR/

    Say what now? A sanitation company schedules its employee to go empty trash cans at a certain time, but it's not their responsibility that he does it? And it's up to him to serve jail time for doing the job his employer required him to do?

    How can this possibly be acceptable?
     
  2. steve knight Suspended

    steve knight

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    #2
    when your penis is even smaller in your mind and you need to control everyone.
     
  3. citizenzen macrumors 65816

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    #3
    It's a bit of an interesting issue. I completely understand the desire some people have to not be disturbed early in the morning. But arresting people is a bizarre solution.

    The garbage companies in my area contract with local government to perform that service. The more logical approach would be to pressure them through contractual means, rather than police enforcement.
     
  4. cyb3rdud3 macrumors 6502a

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    #4
    As with many of these types of stories, I suspect there is a lot more to it. The solicitor suggests that fines have been tried and insinuates that those are just being ignored.

    I would like to think that a judge would have access to all the facts before jailing someone...
     
  5. mgguy macrumors 6502

    mgguy

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    #5
    He's lucky the residents didn't take him out and hang him for waking them up so early in the morning.
     
  6. lowendlinux Contributor

    lowendlinux

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    #6
    There is always more to the story but unless the driver is the owner he should not be liable nor jailed that should fall on the owner.
     
  7. sodapop1 Suspended

    sodapop1

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    #7
    Yes, arresting people makes no sense. A better approach would be to issue the driver/company a fine for each violation and after say three violations, the company would lose the contract with the state.

    Doesn't surprise me that such a Neanderthal policy happens to be the brainchild of some yahoo in one of the southern states.
     
  8. satcomer macrumors 603

    satcomer

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    #8
    You want Goverment to use common sense? :rolleyes:
     
  9. citizenzen macrumors 65816

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    #9
    Neither the police [government] nor the garbage company [private industry] used common sense in this case.

    Looks like both sides failed in this one.
     
  10. obeygiant macrumors 68040

    obeygiant

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    #10
    I guess all the workers won't be picking up trash at 7am now. Was the driver unaware of the ordinance or did he just ignore it? In any case ha ha
     
  11. cyb3rdud3 macrumors 6502a

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    #11

    As we don't know the full story and the facts, yet the judge does and surely would have considered that as well ;)
     
  12. mtneer macrumors 68020

    mtneer

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    #12
    With that arrest and conviction on his record, this guy may as well kiss his CDL (and any kind of decent driving job) goodbye for the rest of his life.
     
  13. mrkramer macrumors 603

    mrkramer

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    #13
    It's not clear from the article, was he actually told by the company to pick it up that early, or did he voluntarily decide to do it earlier?

    If he was scheduled to do it earlier then the person doing the scheduling is the one who should be punished. If the company just gives the drivers flexibility about when they drive their routes and he was trying to get it done early I don't feel too sorry, although it seems in that case it would be better to fine the workers directly before deciding that doesn't work and using jail.
     
  14. mgguy, Mar 8, 2015
    Last edited: Mar 8, 2015

    mgguy macrumors 6502

    mgguy

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    #14
    You can't break the law just because your employer tells you to. The driver also has responsibility. Can't drive above the speed limit just because the company tells him too; if he does he should be cited or, if speed is excessive, arrested.
     
  15. LIVEFRMNYC macrumors 603

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    #15
    Before 7am was the perfect time. Now people will complain about garbage trucks blocking rush hour traffic.
     
  16. samiwas thread starter macrumors 65816

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    #16
    Oh yeah, I've been woken up plenty of times when staying in hotels by the 5am dumpster load. It's obnoxious. And I'm perfectly fine having ordinances against it.

    But the driver of the truck shouldn't take jail time for what his employer is requiring him to do. I mean, yes...he could quit. But then someone else is in the same position. And if the employer is "ignoring" the fines, then jail the owner.
    Agreed.

    In this type of situation, it's not really up to the employee to "know the ordinances". He's a likely minimum wage employee just doing the job his employer told him to do. His employer absolutely should know the regulations. If they are ignoring them, charge them.

    ----------

    That's pretty much the way it is around here. Garbage trucks come at morning rush hour, and mail trucks come in afternoon rush hour.
     
  17. citizenzen macrumors 65816

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    #17
    From the Sandy Springs city website ...

    So the city doesn't contract out the services. There are thirteen approved Residential Service Providers.

    Looking into it further, I found an agreement for recycling services that appears to be renewed every one or two years. There seems to be ample language in the contract to cancel due to poor performance or non-compliance of laws. If the trash collection agreements contained similar provisions, then the city should have ample leverage in forcing the company to comply or lose its contract.

    The fact that twelve other companies could pick up any unserved customers leads me to believe that community wouldn't severely impacted. I'm curious why the city didn't pursue that course and instead let the situation deteriorate to the point that the police felt the need to exert themselves.
     
  18. Sydde macrumors 68020

    Sydde

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    #18
    In my neighborhood, rush-hour starts around 5:30am, and before it has tapered off, there is a grocery store rush hour that carries heavy traffic past 10am. They would basically have to pick up between 10pm and 4am to not inconvenience other drivers.
     
  19. jkcerda macrumors 6502

    jkcerda

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    #19
    If you know what the law is you don't get to break it simply because your boss asked you to do do
     
  20. thekev macrumors 604

    thekev

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    #20
    Even for a misdemeanor ordinance violation?
     
  21. mrkramer macrumors 603

    mrkramer

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    #21
    True, but when they fire you for complaining then what do you do? Assuming his boss was actually scheduling them to go that early the boss is the one that should be fined or put in jail.
     
  22. lostngone macrumors demi-god

    lostngone

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    #22
    What kind of trucks are they using?

    I never get woken up by trash service where I live and my house isn't that far away from the street.

    I have more issues with cars with the Bass cranked and truckers that feel like they need to use their Jake brakes at 4AM on the 3 percent grade on the road behind my house.
     
  23. LumbermanSVO macrumors 65816

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    #23
    If the driver falls under the FMCSR, then this is how things work:

    The driver is 100% responsible for the operation of the vehicle. If the driver is speeding, the driver gets the ticket. If the company tells the driver to operate outside of the law, the driver gets the punishment, not the company. The law is quite clear on this, and it's setup this way so the driver can't do stupid stuff and then just pass the blame to the company.

    However, the people who wrote the regulations weren't stupid and saw the opportunity for companies to abuse this, so the potential for abuse was addressed. The driver has the legal right to refuse to do anything illegal/unsafe with the truck, it's written into the regulations.

    If The driver is punished for refusing to do something illegal/undafe then the driver can sue the company. A LOT of companies have paid out a LOT of money for punishing drivers. These days, with how easy it is to document stuff, it's almost a slam-dunk case for the driver. If Only more drivers knew their rights...
     
  24. samiwas thread starter macrumors 65816

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    #24
    I'm thinking that your average garbage truck driver probably hasn't studied many regulations. He just shows up when he's told to show up and does what he's told to do. Knowing driving laws is one thing. Knowing the start time for trash dumping is another.

    I'm assuming this is for business dumpsters. It is LOUD when they dump those things.
     
  25. jkcerda macrumors 6502

    jkcerda

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    #25
    Did I miss something? Seems the man owns the truck & was somewhat of an independent contractor
     

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