Operational Policy 13 - Conducting Inspections on Private Property

On the final day of International Roadcheck 2023, an inspector conducted a Level II inspection of one of our drivers & vehicles that was conducting business on private commercial property. The driver was parked at a funeral home for the purpose of spraying the lawn for insecticides / fungicides and the like. He had unrolled the hoses from the reel on the truck and was in the process of spraying the funeral home’s lawn. After the employee was partially finished with spraying the property, three inspectors arrived in two white vans and advised the driver they were going to conduct an inspection. They asked him to stop spraying and assist with the inspection process.

The Davey Tree Expert Company and all subsidiary organizations fully support the efforts of inspectors, and we appreciate the safety impact it has for all of us. However, conducting inspections on private property while employees are fulfilling their job duties causes multiple problems. First, it creates a negative impression on our clients when they observe police vehicles and officers inspecting (or may be in their observation, searching) our vehicles on their property or in front of their homes / business. Second, the interruption of work tasks requires the crew to deviate from their pre-planned work schedule, which significantly disrupts the company’s schedule and the client’s schedule. Third, some work task applications need to be completed in a specified amount of time, and the interruption can waste product that is not applied in a timely manner. The same is true for other materials, such as cement, asphalt, and many other time-sensitive materials. We fully support the roadside inspection program, but we are requesting restrictions for random inspections that occur on private / public property.

We are requesting additional language in CVSA Operational Policy 13 to guide inspectors when they encounter these situations. The policy currently outlines 11 things to consider when selecting vehicles for inspections. Item 11 says, “Certified inspectors shall not disturb/interrupt any driver of a commercial motor vehicle in off duty or sleeper berth status when legally parked for the purpose of conducting a random inspection.” We are requesting to add a new item, or add to item 11, the following language: “Inspectors shall not disturb/interrupt any driver that is legally parked on private or public property while they are performing other “on duty” tasks for the purpose of conducting a random inspection. On duty tasks include but are not limited to, pouring concrete, spraying pesticide / herbicides, overhead trimming of trees for utility customers or homeowner, conducting industry work related tasks, or the driver being in cab completing required documentation of services for both Federal and internal requirements.