Truckers and long-haul drivers who report safety problems are protected from being punished at work or fired, under the Surface Transportation Assistance Act (STAA), 49 U.S. Code § 31105. This STAA, designed to improve road and transport safety, gives incentives to truckers to make sure their driving work is legal and safe. Specifically regarding trucker safety, the act protects truckers from being fired, disciplined or punished:
To obtain Surface Transportation Assistance Act protection, a trucker must file an administrative complaint withthe Occupational Safety and Health Administration (OSHA), a division of the U.S. Department of Labor. OSHA has created a special Web site at Whistleblowers.gov to receive complaints about STAA and other violations of law, see here. A complaint can be submitted in many different ways. It “need not be in any particular form.” DOL Reg, 29 C.F.R. 1978.103 (2014). A complaint can be made by letter, online, by filling out and submitting an OSHA form, or by calling them by cellphone or telephone. A complaint must be filed within 180 days of the workplace punishment, discipline, or firing at issue. STAA, § 31105(1)(b)(1). You cannot go to court otherwise. E.g., Bailiff v. Davenport Transp., Inc., 2013 U.S. Dist. LEXIS 169691, 7-10, 2013 WL 6229150 (D. N.C. Dec. 2, 2013). Contact information and more details are online at the OSHA Complaint Web site, which you can access by clicking here. What happens next? A Surface Transportation Assistance Act complaint triggers an investigation. STAA, § 31105(b)(2). If this investigation drags its heels, and it does not reach final decision “within 210 days,” you can take your case to federal court immediately. § 31105(c). If you have filed a complaint, and are waiting 210 days later, consult an attorney. Find out your rights and options. We at Lebau & Neuworth are experienced counselors who only represent employees. Call us. Courts can impose punitive penalties up to $250,000 on wrongdoing companies that ignore safety and come after workers who call it to their attention through word, action, complaint, or all of the above. § 31105(b)(3)(C). In addition in some states a trucker can file a wrongful discharge claim under state law if fired for bring safety problems to light—even while using the STAA administrative process or skipping it. This depends on state law. See, e.g., Glynn v. EDO Corp., 536 F. Supp. 2d 595 (D. Md. 2008) (holding that the STAA preempts a wrongful discharge claim in Maryland, but not in New Hampshire); Groves v. Superior Well Servs., 2010 U.S. Dist. LEXIS 135163, 2010 WL 5348775 (D. W. Va. Dec. 21, 2010) (holding that the STAA does not preempt a wrongful discharge claim in West Virginia). Overall, the STAA stands behind truckers who take workplace and truck safety seriously. Know your options and know your rights!
