A while back I had to deal with an owner-operator and a co-driver who were having problems making on-time arrivals. Their route was regularly scheduled, operating between two terminals.

We hadn’t had instances where there were on-going arrival problems with any other of our team operators. The arrival times had been set up so that drivers could easily accomplish them while staying in compliance with hours-of-service and road-speed rules.

Typically, discussions about delays end up focusing on getting a driver to simply adhere to on-time departures, and/or to report for duty on time. Some late arrivals are weather-related and beyond a driver’s control, and I’m the first person to support a driver’s decision to pull over and wait out poor conditions. But more often than not, we conclude that the late driver is simply a poor manager of his time.

Well, in this case, none of the above applied. The owner-operator agreed that his team was not making the route times. Yet he had no over-the-road breakdowns and weather had not been an issue, either. He also agreed that operations had been getting him out on time.

So, point blank I asked him what other factors (usually excuses) could account for the delays. “The second team driver,” he said.

I asked him what was the issue with his second team driver. The answer was an eye opener.

“He smokes,” was the reply. “And I won’t let him smoke in the truck.”

Turns out the owner-operator was pulling over every half hour to allow his second driver the opportunity to smoke.

So I asked him, “Is your workplace a ‘smoke free’ environment?”

Since he is the employer, it’s his decision to make. If he deemed it to be “smoke free,” I pointed out that his employees should be allowed to take a regular smoke break. Further, I told him that I work in a smoke-free workplace and as an employee I am entitled to two 15-minute coffee breaks and a lunch during my workday, so why didn’t he simply take control and lay out similar rules to his employee?

This is the end of that particular story, but the subject of smoking in the cab — as a health and safety issue — has nagged me for years.

The closer I looked at this situation, the more complex it became. Would a trucking company’s no-smoking policy apply to owner-operators? How should you manage team operations or slip-seating, where non-smokers are mixing with smokers? Do unions have a position on the subject? Whose jurisdiction would this fall under? Federal or provincial?

According to the Canada Labour Code Part II, a “workplace” means any place where an employee is engaged in work for the employee’s employer. A “hazardous substance” includes a controlled product and a chemical, biological, or physical agent that, by reason of a property that the agent possesses, is hazardous to the safety or health of a person exposed to it. “Safety” means protection from danger and hazards arising out of, linked with, or occurring in the course of employment.

Now refer to the Act under “duties of employers,” Section 124: “Every employer shall ensure that the health and safety at work of every person employed by the employer is protected.”

Government agencies routinely inspect and monitor air quality in the workplace, and may issue mandatory orders to address these situations. Has any agency ever done air-quality testing in the cab of a truck or ruled on smoking in this workplace?

I’m not an anti-smoker. I indulge in the filthy habit myself. But I do respect the rights of others, so I don’t smoke in the workplace or in my home. I know my smoking is a danger to my co-workers, friends, family, and to my children.

One last thought. Does smoking pose any other safety risks? Has a mishandled cigarette ever been a contributing cause in a vehicle accident?

Have I opened a can of worms? I look forward to your comments.