Under Federal Law, employers are prohibited from firing, demoting or in any way discriminating against employees. This law should also apply to trucking companies. Truck drivers who refuse to violate HOS rules or operate CMV in a way that would violate Federal Commercial Motor Vehicle Regulations are protected from all forms of retaliation by trucking companies, under STAA, 49 A.S.C. Section 31105, and are encouraged to report such retaliation to FMCSA or to OSHA.
The Surface Transportation Assistance Act (STAA) is supposed to provide a simplified and effective drug for truck drivers who are fired for insisting on following Federal Motor Carrier safety regulations as stipulated by FMCSA. If a trucking company takes action against the driver for any complaints where the driver is protected from retaliation, then he can file a complaint with the Occupational Safety and Health Administration (OSHA) which can result in recovery, repayment and benefits, attorney's fees and costs, and other solutions .
The K3 Law protects workers who report to their employers, K3HA or other government agencies about unsafe or unhealthy working conditions at work or environmental problems. STAA prevents trucking companies from retaliating against drivers who exercise their rights under OSHA. FMCSA also encourages truck drivers to report safety violations by motorcycle operators.
Some examples of activities that are protected by the Surface Transportation Assistance Act are:
Make a complaint to U. S. DOT about violations, or possible violations, commercial vehicle safety regulations.
Make a complaint to your employer about a violation, or potential violation, commercial vehicle safety regulations.
Refuse to drive a commercial vehicle when experiencing interference due to illness or dump truck hino fatigue.
Refuse to drive a vehicle that exceeds the weight limits of the highway.
Refusing to violate the rules of service hours.
Refuse to drive a vehicle with broken lights, a leaky exhaust system, inadequate pressure or brake adjustment.
Refuse to break the speed limit.
Refuse to drive in dangerous weather.
Refuse to falsify notebooks.
Trucking companies are prohibited from retaliating or discriminating against truck drivers who use their OSHA rights. Discrimination can include the following actions:
Shoot or lay off
Assign to an unwanted shift
black list
Demoting
Denying overtime or promotion
Disciplining
Denial of benefits
Failed to rent or reuse
Intimidation
Transferring
Reassignment of work
Reducing salary or working hours
Most STAA cases involve drivers who refuse to drive when fatigue or load is considered unsafe. Trucking companies that take revenge by reducing the mileage received by drivers, thereby reducing truck drivers' salaries, thus violating STAA. You can send your questions to OSHA if you feel that you have been replied to or discriminated against by trucking companies.
One study found that OSHA only supports truck drivers as much as 31% of the time. However, in most of these cases, employees choose to act without attorneys experienced in labor law. The study also noted that many cases fired by OSHA were successful when appealing. The Workplace Justice Organization provides a source for finding lawyers who specialize in labor law.
But do OSHA, STAA and FMCSA work for truck drivers? Many truck drivers report that when contacting OSHA or FMCSA about such problems, their complaints are not heeded. Furthermore, the driver stated that they might have "talked to the fence post" because no action was taken by OSHA or the Federal Motorcycle Carrier Safety Administration.
Comentários