Discrimination Protection for Trucking Employees
U.S. Department of Labor
Information Date: 01/01/1993
Fact Sheet No. OSHA 93-30
OSHA Whistleblower Program Web Pages
The Surface Transportation Assistance Act of 1982 (STAA), effective January 26, 1983, gives the Secretary of Labor authority to investigate complaints by truckers, mechanics, freight handlers, and others involved in interstate trucking who believe they have been discharged or discriminated against for protected safety activities. Since provisions of Section 405 of the STAA covering commercial motor vehicles are similar to nondiscrimination requirements in Section 11(c) of the Occupational Safety and Health Act of 1970, the Secretary has given OSHA responsibility for investigating these complaints. The Section 405 provisions set forth a longer time period for filing complaints, permitting immediate reinstatement of discharged employees, and authorizing compensatory damages and attorney's fees for aggrieved employees whose complaints are substantiated.
STAA DISCRIMINATION PROTECTION
Section 405 prohibits an employer from firing, demoting, or in any other way discriminating against an employee who:
* refuses to operate a vehicle which fails to meet safety regulations;
* reports violations of vehicle safety requirements;
* alleges that he or she has been exposed to significant hazards; or
* testifies or otherwise participates in safety related proceedings.
COMPLAINT PROCESS
1. Employee files discrimination complaint with OSHA within 180 days of the alleged discrimination.
2. If the complaint is timely and appears to have merit, OSHA investigates it within 60 days. This includes providing the employer with the substance of the complaint and permitting an opportunity for rebuttal as well as interviewing witnesses. At the end of the investigation OSHA issues a finding.
3. If investigation confirms the merit of the complaint, OSHA issues a preliminary order requiring the employer toabate the violation and reinstate the employee. The complainant must be restored in the terms, conditions, andprivileges of the former position. Further, the employee may be awarded back pay and compensatory damages.
4. Within 30 days after OSHA issues a finding, either the complainant or the company may file an objection withOSHA to the finding and/or the preliminary order and may request a hearing. A U.S. Department of Laboradministrative law judge presides over the hearings. If no one objects, the preliminary order automatically becomes a final order.
5. The Secretary of Labor issues a final order within 120 days of a hearing on the preliminary findings and order.The Secretary may order the company to pay reasonable costs and attorney's fees for the complainant if thediscrimination is proved.
6. Any appeals of the Secretary's final order are made to the U.S. Court of Appeals and on to the Supreme Court.
Throughout the process, OSHA investigators may attempt to settle the case informally. About 50 percent of theclaims filed are dismissed initially because they are late or have no merit under Section 405. Many others are settled during the investigation.
This is one of a series of fact sheets highlighting U.S. Department of Labor programs. It is intended as a general description only and does not carry the force of legal opinion. This information will be made available to sensory impaired individuals upon request. Voice phone: (202) 219-8151. TDD message referral phone: 1-800-326-2577.
New Safety Violation Hotline!
Welcome to the Safety Violation Hotline website. Drivers may either fill out the safety violation reporting form found on this website or call the Safety Violation Hotline at 1-888-dot-saft (1-888-368-7238) Monday - Friday between the hours of 9:00 AM and 9:00 PM EST. Drivers are assured of the confidentiality of their identity and fully protected by law against being discharged, disciplined, or discriminated against regarding compensation, terms, or privileges of employment for the reporting of violations. The agency will investigate reliable allegations reported within 60 days of the alleged safety violations, and enforcement action will be taken as appropriate.
Safety violation hotline website
|