that occurred in connection with commercial

motor vehicle transportation.

In addition, under STAA, your employer may not

discharge you or in any manner retaliate against

you for refusing to operate a vehicle because to do

so would violate a federal commercial motor vehicle rule related to safety, health, or security or

because you had a reasonable apprehension of

serious injury to yourself or to the public related to

a vehicle’s safety or security condition. STAA also

prohibits your employer from discharging or otherwise retaliating against you for accurately reporting hours of service (HOS). (For more detail about

federal HOS requirements, please visit the Federal

Motor Carrier Safety Administration’s website,

www.fmcsa.dot.gov). You may also be covered if

you were perceived as having engaged in the activities described above.

Adverse Actions

Your employer may be found to have violated

STAA if your protected activity was a contributing

factor in its decision to take adverse action against

you. Such actions may include:

• Firing or laying off

• Blacklisting

• Demoting

• Denying overtime or promotion

• Disciplining

• Denying benefits

• Failing to hire or rehire

• Intimidation

• Making threats

• Reassignment affecting promotion prospects

• Reducing pay or hours

Deadline for Filing a Complaint

Complaints must be filed within 180 days after the

alleged adverse action occurred.

On August 3, 2007, the SurfaceTransportation

Assistance Act (STAA), 49 U.S.C. §31105, was

amended by The Implementing Recommendations

of the 9/11 Commission Act (Public Law 110-53) to

include new rights, remedies and procedures.

Covered Employees

In general, STAA covers private sector drivers

(including independent contractors while personally operating a commercial motor vehicle) and other

employees of commercial motor carriers (including

mechanics and freight handlers). To qualify for coverage, employees must be involved in activities

directly affecting commercial motor vehicle safety

or security. A commercial motor vehicle covered

by STAA is defined as any self-propelled or towed

vehicle used on the highway in commerce principally to transport cargo or passengers. To qualify

for coverage, such a vehicle must also:

• Have a vehicle weight rating or gross vehicle

weight of at least 10,001 pounds (whichever is

greater); or,

• Be designed to transport more than 10 passengers, including the driver; or,

• Transport materials deemed hazardous by the

Secretary of Transportation in a quantity requiring placarding (posting) under applicable regulations.

Protected Activity

If you are covered under STAA, your employer

may not discharge you or in any manner retaliate

against you for:

• filing a complaint or initiating or participating in

a proceeding related to the violation of a commercial motor vehicle safety or security rule; or

• cooperating with certain federal safety or security investigations; or

• providing information in an investigation by a

federal, state or local regulatory or law enforcement agency relating to any accident or incident

resulting in injury or death or property damage

FactSheet

Whistleblower Protection for Commercial

Motor Carrier Workers

Truck drivers and other individuals working for commercial motor carriers are protected from

retaliation for reporting or engaging in activities related to certain commercial motor vehicle

safety, health or security conditions.
How to File a Complaint

A worker, or representative of a worker, who

believes that he or she has been retaliated against

in violation of this statute may file a complaint with

OSHA. The complaint should be filed with the

OSHA office responsible for enforcement activities

in the geographic area where the worker lives or

was employed, but may be filed with any OSHA

officer or employee. For more information, call

your nearest OSHA Regional Office:

• Boston (617) 565-9860

• NewYork (212) 337-2378

• Philadelphia (215) 861-4900

• Atlanta (404) 562-2300

• Chicago (312) 353-2220

• Dallas (972) 850-4145

• Kansas City (816) 283-8745

• Denver (720) 264-6550

• San Francisco (415) 625-2547

• Seattle (206) 553-5930

Addresses, fax numbers and other contact information for these offices can be found on the

Whistleblower Protection Program’s website,

www.whistleblowers.gov, and in local directories.

Complaints may be filed orally or in writing, by

mail (we recommend certified mail), e-mail, fax, or

hand-delivery during business hours. The date of

postmark, delivery to a third party carrier, fax, email, phone call or hand-delivery is considered the

date filed. If the worker or his or her representative

is unable to file the complaint in English, OSHA

will accept the complaint in any language.

Results of the Investigation

If the evidence supports your claim of retaliation

and a settlement cannot be reached, OSHA will

issue a preliminary order requiring the appropriate

relief to make you whole. Ordered relief may

include:

• Reinstatement with the same seniority and

benefits.

• Payment of backpay with interest.

• Compensatory damages, including compensation for special damages, expert witness fees

and reasonable attorney’s fees.

• Punitive damages of up to $250,000.

OSHA’s findings and preliminary order become a

final order of the Secretary of Labor, unless a party

objects within 30 days.

Hearings and Review

After OSHA issues its findings and preliminary order,

either party may request a hearing before an administrative law judge of the U.S. Department of Labor.

A party may seek review of the administrative law

judge’s decision and order before the Department’s

Administrative Review Board. Under STAA, if there

is no final order issued by the Secretary of Labor

within 210 days after the filing of the complaint, then

you may be able to file a civil action in the appropriate U.S. district court.

To Get Further Information

For a copy of the statutes, the regulations and

other whistleblower information, go to www.

whistleblowers.gov. For information on the Office of

Administrative Law Judges procedures, decisions

and research materials, go to www.oalj.dol.gov and

click on the link for “Whistleblower.”

This is one in a series of informational fact sheets highlighting OSHA programs, policies or 

standards. It does not impose any new compliance requirements. For a comprehensive list of 

compliance requirements of OSHA standards or regulations, refer to Title 29 of the Code of Federal

Regulations. This information will be made available to sensory impaired individuals upon request.

The voice phone is (202) 693-1999; teletypewriter (TTY) number: (877) 889-5627.

U.S. Department of Labor

www.osha.gov

(800) 321-OSHA

For more complete information:

DEP 8/2010