Whistleblower Protection for Commercial 

Motor Vehicle Workers

Truck drivers and other workers affecting commercial motor vehicle safety or 

security are protected from retaliation for reporting, or engaging in activities related 

to, certain commercial motor vehicle safety, health or security conditions.

On August 3, 2007, the Surface Transportation 

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 workers (including 

mechanics and freight handlers) involved in 

activities directly affecting commercial motor 

vehicle safety or security. A commercial motor 

vehicle covered by STAA is defined as any selfpropelled 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); 

• 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 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. In addition, you may also be protected 

under STAA if you have been harassed or 

coerced about following safety regulations.

What Is Retaliation?

Retaliation is an adverse action against an 

employee because of activity protected by 

STAA. Retaliation can include several types 

of actions, such as:

• Firing or laying off

• Blacklisting

• Demoting

• Denying overtime or promotion

• Disciplining

• Denying benefits

• Failing to hire or rehire

• Intimidation

• Reassignment affecting promotion prospects

FactSheet
DWPP FS-3946 04/2018

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.

• Reducing pay or hours

• Making threats

Deadline for Filing Complaints

Complaints must be filed within 180 days after 

the alleged retaliatory action occurred or after 

the date on which the employee became aware 

of the action.

How to File a STAA Complaint

An employee can file a STAA complaint with 

OSHA by visiting or calling his or her local OSHA 

office, sending a written complaint to the closest 

OSHA office, or filing a complaint online. No 

particular form is required and complaints may 

be submitted in any language. Written complaints 

may be filed by fax, electronic communication, 

hand delivery during business hours, U.S. mail 

(confirmation services recommended), or other 

third-party commercial carrier. 

The date of the postmark, fax, electronic 

communication, telephone call, hand delivery, 

delivery to a third-party commercial carrier, or 

in-person filing at an OSHA office is considered 

the date filed. 

To file a complaint electronically, please visit 

www.osha.gov/whistleblower/WBComplaint.html. 

To contact an OSHA area office, please call 

1-800-321-OSHA (6742) to be connected to

the closest area office. Or visit our website at

www.osha.gov/html/RAmap.html and click on

your state to find your local OSHA office address

and contact information.

When OSHA receives a complaint, the agency 

will first review it to determine whether certain 

basic requirements are met, such as whether the 

complaint was filed on time. If so, the complaint 

will then be investigated according to the 

procedures required by 29 CFR Part 1978.

Results of the Investigation

If the evidence supports an employee’s complaint 

of retaliation, OSHA will issue an order requiring 

the employer to, as appropriate, put the employee 

back to work, pay lost wages, restore benefits, 

and other possible relief. The exact requirements 

will depend on the facts of the case. If the 

evidence does not support the employee’s 

complaint, OSHA will dismiss the complaint. 

After OSHA issues a decision, the employer 

and/or the employee may request a full 

hearing before an administrative law judge of 

the Department of Labor. The administrative 

law judge’s decision may be appealed to the 

Department’s Administrative Review Board. The 

employee may also file a complaint in federal 

court if the Department does not issue a final 

decision within 210 days. See 49 U.S.C. § 31105.

To Get Further Information

For a copy of STAA, 49 U.S.C. § 31105, the 

regulations (29 CFR 1978), and other information, 

go to www.whistleblowers.gov.

OSHA’s Whistleblower Protection Programs 

enforces the whistleblower provisions of more 

than twenty federal whistleblower laws. To 

learn more about the whistleblower statutes 

which OSHA enforces, view our “Whistleblower 

Statutes Desk Aid” at www.whistleblowers.gov/

whistleblower_acts-desk_reference.pdf. 

For information on the Office of Administrative 

Law Judges procedures and case law research 

materials, go to www.oalj.dol.gov and click on 

the link for “Whistleblower.” 

For information on commercial motor vehicle 

safety laws and regulations, visit the Federal Motor 

Carrier Safety Administration’s (FMCSA) website 

at www.fmcsa.dot.gov. To file a substantive safety 

or security complaint with FMCSA, please visit 

nccdb.fmcsa.dot.gov/nccdb/home.aspx.

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. 

For more information, visit www.osha.gov.