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

Course Level Intermediate
Languages English
Compatibility Audio, Video, MobileReady
Based on: 29 CFR Part 1978

Vector Solutions

Author

With over two decades of experience designing advanced 3D animated courseware and developing our proprietary learning management software, we pride ourselves by having developed over 1,000 safety and operations training modules, which have helped train over 250,000 workers worldwide. Our highly experienced team provides the industry with a simple and high-quality means of training their workforce. Whether your team consists of 25 people or an enterprise with thousands, we’re here to help.

Key Questions

Does whistleblower protection only apply to CMV drivers?
No, other motor carrier employees are also protected.

If I file a complaint, will my name be revealed to my employer?
All information that could identify the employee filing the complaint is removed before the complaint is provided to the 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?
Accurately reporting your hours of service (HOS) is a protected activity, so yes, you should file a complaint with OSHA.

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?
No particular form is required and it may be filed with any OSHA office or employee.

Is there a time limit for filing a complaint?
Complaints must be postmarked, transmitted, delivered, or communicated within 180 days of the alleged violation.

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)

Course Applies To

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