Rights of Trucking Employees
Involved in Safety Activities
The Surface Transportation Assistance Act
of 1982 ( STAA), Section 31105, gives the
Secretary of Labor authority to investigate
complaints by truck or bus drivers, mechanics,
freight handlers, and others involved in operating
commercial motor vehicles who believe they have
been discharged or discriminated against for
their involvement in protected safety activities.
The STAA permits immediate reinstatement
of unfairly discharged employees. (For more
details, see Title 29 of the Code of Federal
Regulations, Part 1978.)
What specific safety activities
are covered?
Employers are prohibited from firing,
demoting, or in any other way discriminating
against an employee who does the following:
¦ Refuses to operate a vehicle that fails to
meet safety regulations.
¦ Reports violations of vehicle safety
requirements.
¦ Alleges exposure to significant hazards.
¦ Testifies or otherwise participates in
safety-related proceedings.
What are the steps in the
complaint process?
Here’s how the complaint process works:
1. Employee files discrimination complaint
with OSHA within 180 days of the alleged
discrimination.
2. OSHA investigates within 60 days and
provides employer with the substance of
complaints while permitting rebuttal and
interviewing witnesses.
3. If the investigation confirms a violation,
the employer must abate the violation and
reinstate the employee. The employee must
be restored in the terms, conditions, and
privileges of the former position and may
be awarded back pay and compensatory
damages.
4. Within 30 days after OSHA issues a finding,
the employer or employee may file an
objection with OSHA to the finding and/or the
preliminary order and may request a hearing.
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 employee if discrimination
is proven.
Appeals of the Secretary’s final order go
to the U.S. Court of Appeals and on to the
Supreme Court. Throughout the process, OSHA
investigators may try to settle the case informally.
About half of the claims filed are dismissed
initially because they are late or have no merit,
and many are settled during the investigation.
How can I get more information
on safety and health?
OSHA has various publications, standards,
technical assistance, and compliance tools to
help you, and offers extensive assistance through
workplace consultation, voluntary protection
programs, strategic partnerships, alliances,
state plans, grants, training, and education.
OSHA’s Safety and Health Program Management
Guidelines ( Federal Register 54:3904–3916,
January 26, 1989) detail elements critical to the
development of a successful safety and health
management system. This and other information
are available on OSHA’s website.
¦ For one free copy of OSHA publications,
send a self-addressed mailing label to OSHA
Publications Office, 200 Constitution Avenue
N.W., N-3101, Washington, DC 20210; or
send a request to our fax at (202) 693–2498,
or call us toll-free at (800) 321–OSHA.
¦ To order OSHA publications online at
www.osha.gov, go to Publications and
follow the instructions for ordering.
¦ To file a complaint by phone, report an
emergency, or get OSHA advice, assistance,
or products, contact your nearest OSHA
office under the U.S. Department of Labor
listing in your phone book, or call toll-free at
2002
This is one in a series of informational fact sheets highlighting
OSHA programs, policies, or standards. It does not impose
any new compliance requirements. For a comprehensive list of
compliance requirements of OSHA standards or regulations,
refer to Title 29 of the Code of Federal Regulations. This information
will be made available to sensory-impaired individuals
upon request. The voice phone is (202) 693–1999. See also
OSHA’s website at www.osha.gov.
(800) 321–OSHA (6742). The teletypewriter
(TTY) number is (877) 889–5627.
¦ To file a complaint online or obtain more
information on OSHA federal and state
programs, visit OSHA’s website.
This is one in a series of informational fact
sheets highlighting OSHA programs, policies,
or standards. It does not impose any new
compliance requirements. For a comprehensive
list of compliance requirements of OSHA
standards or regulations, refer to Title 29 of the
Code of Federal Regulations. This information
will be made available to sensory-impaired
individuals upon request. The voice phone is
(202) 693–1999. See also OSHA’s website
at www.osha.gov.
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