July 24, 2014
Contact: Office of Communications
Phone: 202-693-1999
OSHA, Federal Motor Carrier Safety Administration,
sign agreement strengthening protections for workers from coercion, retaliation
The STAA protects drivers and other individuals
working for commercial motor carriers from retaliation for reporting or
engaging in activities related to certain commercial motor vehicle
safety, health or security conditions.
"Commercial vehicle drivers who report injuries,
hazards and illegal work practices should not fear retaliation for
speaking out about unsafe work conditions," said Assistant Secretary of
Labor for Occupational Safety and Health Dr. David Michaels. "Through
this agreement, we are sending a clear message that silencing workers
who try to do the right thing is unacceptable for workers and also
unsafe for the public."
"This strengthened partnership with OSHA extends our
inter-agency collaboration specifically to include the sharing of
reports of alleged coercion - companies forcing or intimidating truck or
bus drivers to violate federal safety regulations," said FMCSA
Administrator Anne S. Ferro. "Pressuring drivers to stay behind the
wheel beyond their hours-of-service limits, or to disregard other
federal safety rules, seriously jeopardizes the safety of every traveler
on our highways and roads. Commercial truck and bus companies that
knowingly endanger the motoring public, or retaliate against
whistleblowing employees, will be prosecuted to the fullest extent of
the law."
OSHA and FMCSA each play a specialized role in
protecting the safety of commercial drivers and of the motoring public.
OSHA investigates employee complaints of retaliation by commercial truck
and bus companies. FMCSA is responsible for regulating both industries
and - along with its state law enforcement partners - ensuring company
and driver compliance with federal safety regulations, including driver
on-duty and driving time limits to prevent fatigue, commercial driver's
licenses rules, medical qualifications, drug and alcohol testing,
hazardous materials safety standards and others.
In the last nine years, OSHA has processed more than
2,800 cases under STAA. Recently, OSHA ordered an Iowa waste removal
company to reinstate a driver and pay the employee more than $123,000 in
compensation after the company terminated the driver for raising safety
concerns over company routes that violated Department of Transportation
regulations, potentially causing serious injury to the worker,
co-workers or the public. Read the
press release on that case for more information.
Under the MOU, FMCSA will refer employees who
complain of retaliation to OSHA, and OSHA will provide FMCSA with copies
of complaints filed and findings issued under STAA. The agencies will
report to each other annually on information shared during the previous
year. The MOU also provides that FMCSA will process OSHA requests for
information from various FMCSA databases.
OSHA enforces the whistleblower provisions of the
Occupational Safety and Health Act and 21 other statutes protecting
employees who report violations of various workplace, commercial motor
vehicle, airline, nuclear, pipeline, environmental, railroad, public
transportation, maritime, consumer product, motor vehicle safety, health
care reform, corporate securities, food safety and consumer financial
reform regulations. Additional information is available at
http://www.whistleblowers.gov.
Under the Occupational Safety and Health Act of
1970, employers are responsible for providing safe and healthful
workplaces for their employees. OSHA's role is to ensure these
conditions for America's working men and women by setting and enforcing
standards, and providing training, education and assistance.
The public, commercial drivers, motor carriers and
other industry members may file a safety, service or discrimination
complaint against a household goods moving company, bus or truck
company, including hazardous materials hauler or a cargo tank facility,
by calling toll free 1-888-DOT-SAFT (1-888-368-7238) from 9:00 a.m. to
7:00 p.m., Monday through Friday, Eastern Time. Complaints may also be
submitted through FMCSA's National Consumer Complaint website at
http://nccdb.fmcsa.dot.gov.
FMCSA was established as a separate administration
within the U.S. Department of Transportation on Jan. 1, 2000, pursuant
to the Motor Carrier Safety Improvement Act of 1999. Its primary mission
is to reduce crashes, injuries and fatalities involving large trucks
and buses.