WASHINGTON, Nov. 27, 2015 /PRNewswire-USNewswire/ -- The
U.S. Department of Transportation's Federal Motor Carrier Safety
Administration (FMCSA) today announced the publication in the
Federal Register of a Final Rule to help further safeguard
commercial truck and bus drivers from being compelled to violate
federal safety regulations. The Rule provides FMCSA with the
authority to take enforcement action not only against motor
carriers, but also against shippers, receivers, and transportation
intermediaries.
"Our nation relies on millions of commercial vehicle drivers to
move people and freight, and we must do everything we can to ensure
that they are able to operate safely," said U.S. Transportation
Secretary Anthony Foxx. "This
Rule enables us to take enforcement action against anyone in the
transportation chain who knowingly and recklessly jeopardizes the
safety of the driver and of the motoring public."
The Final Rule addresses three key areas concerning driver
coercion: procedures for commercial truck and bus drivers to report
incidents of coercion to the FMCSA, steps the agency could take
when responding to such allegations, and penalties that may be
imposed on entities found to have coerced drivers.
"Any time a motor carrier, shipper, receiver, freight-forwarder,
or broker demands that a schedule be met, one that the driver says
would be impossible without violating hours-of-service restrictions
or other safety regulations, that is coercion," said FMCSA Acting
Administrator Scott Darling.
"No commercial driver should ever feel compelled to bypass
important federal safety regulations and potentially endanger the
lives of all travelers on the road."
In formulating this Rule, the agency heard from commercial
drivers who reported being pressured to violate federal safety
regulations with implicit or explicit threats of job termination,
denial of subsequent trips or loads, reduced pay, forfeiture of
favorable work hours or transportation jobs, or other direct
retaliations.
Some of the FMCSA regulations drivers reported being coerced
into violating included: hours-of-service limitations designed to
prevent fatigued driving, commercial driver's license (CDL)
requirements, drug and alcohol testing, the transportation of
hazardous materials, and commercial regulations applicable to,
among others, interstate household goods movers and passenger
carriers.
Commercial truck and bus drivers have had whistleblower
protection through the Department of Labor's Occupational Safety
and Health Administration (OSHA) since 1982, when the Surface
Transportation Assistance Act (STAA) was adopted. The STAA
and OSHA regulations protect 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. STAA provides
whistleblower protection for drivers who report coercion complaints
under this Final Rule and are then retaliated against by their
employer.
In June 2014, FMCSA and OSHA
signed a Memorandum of Understanding to strengthen
the coordination and cooperation between the agencies
regarding the anti-retaliation provision of the STAA. The
Memorandum allows for the exchange of safety, coercion, and
retaliation allegations, when received by one agency, that fall
under the authority of the other.
For more information on what constitutes coercion and how to
submit a complaint to FMCSA,
See: https://www.fmcsa.dot.gov/safety/coercion. Please note:
the Final Rule takes effect 60 days following its publication in
the Federal Register.
This rulemaking was authorized by Section 32911 of the Moving
Ahead for Progress in the 21st Century Act (MAP-21) and the Motor
Carrier Safety Act of 1984 (MCSA), as amended.
For a copy of today's Federal Register announcement, see:
https://www.federalregister.gov/articles/2015/11/30/2015-30237/prohibiting-coercion-of-commercial-motor-vehicle-drivers
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 January
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.
For more information on FMCSA's safety programs and
activities, visit: http://www.fmcsa.dot.gov.
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.
For more information, visit: http://www.osha.gov.
Stay connected with FMCSA and USDOT
via:
FMCSA.dot.gov
FMCSA on Facebook
USDOT on YouTube
USDOT on Twitter
To view the original version on PR Newswire,
visit:http://www.prnewswire.com/news-releases/fmcsas-final-rule-prohibits-coercion-protects-commercial-truck-and-bus-drivers-from-being-forced-to-violate-safety-regulations-300184984.html
SOURCE Federal Motor Carrier Safety Administration