Discrimination Protection for Trucking Employees

Surface Transportation Assistance Act of 1982 (STAA), effective January 26, 1983, 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. If your business uses these workers, you are covered.

Since provisions of Section 405 of the STAA covering commercial motor vehicle are similar to nondiscrimination requirements in Section 11(c) 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 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 Protection  

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.