Discrimination Protection For Trucking Employees

INFORMATION DATE 19891003
DESCRIPTION USDOL Program Highlights, Discrimination Protection for Trucking Employees
SUBJECT Discrimination protection for trucking employees
U.S. Department of Labor
Program Highlights
Fact Sheet No.OSHA 89-30

DISCRIMINATION PROTECTION FOR TRUCKING EMPLOYEES

Surface Transportation Assistance Act of 1982 (STAA) 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 vehicle are similar to nondiscrimination requirements in Section 11© 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, permit immediate reinstatement of discharged employees, and authorize compensatory damages and attorney's fees for aggrieved employees whose complaints are substantiated.

STAA DISCRIMINATION PROTECTIONS

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 to abate the violation and reinstate the employee. The complaint must be restored in the terms, conditions and privileges 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 with OSHA to the finding and/or the preliminary order and may request a hearing. A U.S. Department of Labor administrative 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 the discrimination is proven.
6. 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 attempt to settle the case informally. About 50% of the claims 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.