DOT Entry Level Driver Training – Non-Driving Activities: Whistleblower/Coercion
DOT whistleblower protection, as provided in Section 405 of the Surface Transportation Assistance Act (STAA) of 1982, as amended, serves to improve commercial motor vehicle (CMV) safety by encouraging the persons best able to detect safety violations – CMV drivers and other motor carrier employees – to report noncompliance with CMV safety regulations. The STAA protects these drivers and employees from retaliation for engaging in, or being perceived to engage in, “protected activities.”
Any employee who believes that they have been retaliated against by their employer in violation of the STAA may file a complaint with OSHA. This course lists the whistleblower activities that are protected under the STAA, identifies retaliatory actions by motor carriers that are prohibited for “protected activities,” and describes the complaint filing procedure and what happens after a complaint is filed.
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Course Details
Learning Objectives
At the end of this course, you will be able to:
- Describe the purpose of DOT Whistleblower Protection, as provided in the Surface Transportation Assistance Act (STAA) of 1982
- List the whistleblower activities that are protected
- Identify retaliatory actions for which a commercial motor carrier employee could file a whistleblower complaint
- Explain the purpose of the Coercion Rule
- Describe the procedures for filing whistleblower complaints and coercion complaints
- Describe what happens after a complaint is filed
Specs
Frequently Asked Questions
Does whistleblower protection only apply to CMV drivers?
If I file a complaint, will my name be revealed to my employer?
If my carrier wants me to modify my hours of service (HOS) log in a way that would violate the HOS regulations, should I file a complaint?
Is there a specific form I need to fill out to file a complaint or do I have to file my complaint with a certain OSHA office?
Is there a time limit for filing a complaint?
Sample Video Transcript
In their complaint and subsequent interviews, the complainant must provide facts and evidence showing that: • They engaged in a protected activity (for example, they refused to drive a CMV for safety reasons) • The respondent was aware of the protected activity • The complainant suffered an adverse retaliatory action (such as termination of employment) • Circumstances sufficiently prove that the protected activity (refusing to drive) was a contributing factor in the adverse action (termination of employment)
