The Surface Transportation Assistance Act (STAA) protects you if you are a whistleblower from retaliation by your employer for reporting safety violations committed by your employer. The STAA also protects drivers who refuse to drive when conditions are unsafe.
What Does the Surface Transportation Assistance Act Do?
STAA protects private sector drivers from wrongful termination as whistleblowers in the following situations:
- If they have filed a complaint about their employer because it violated a commercial motor vehicle safety or security regulation;
- If they have refused to operate a vehicle because undertaking the operation violates a regulation, standard, or order related to commercial motor vehicle safety, health, or security; or the employee has a reasonable belief that a serious injury could take place to the driver or a member of the public because of the vehicle's hazardous safety or security condition;
- When the driver cooperates with a safety or security investigation of his or her employer by the Secretary of Transportation, the Secretary of Homeland Security, or the National Transportation Safety Board;
- When the driver provides information to the Secretary of Transportation, the Secretary of Homeland Security, the National Transportation Safety Board, or any Federal, State, or local regulatory or law enforcement agency regarding an accident or incident which caused an injury or death to someone or property damage linked to the use of commercial motor vehicle transportation.
How Long Do You Have To File a STAA Complaint?
The driver has 180 days after the retaliation by the employer has taken place to file a complaint.
How Do You File a Complaint?
You can do so on the OSHA website but OSHA will also accept whistleblower complaints made orally, either by telephone or by visiting any OSHA office, or in writing, and in any language. After you file a complaint, an OSHA employee will contact you to determine if you have a claim that they should investigate. If you do not immediately respond to OSHA's follow-up contact, your claim will automatically be dismissed. A whistleblower complaint filed with OSHA must not be filed anonymously. If OSHA decides to investigate it will notify your employer of your complaint and offer the employer the chance to respond. Because the complaint is likely to be shared with the employer witness names or their contact information should not be included on the OSHA complaint form. When the investigation of your complaint begins you will need to offer evidence to support of your complaint. Evidence that you should include:
- a copy of your original complaint to your employer including any response;
- copies of emails, text messages, phone messages that you have received regarding your complaint;
- eye witness reports supporting your complaint.
A lawyer may be able to help you gather the evidence you require proving that you have been wrongfully terminated due to retaliation by your employer because you were a whistleblower.
Get in Touch With An Employment Law Attorney
Gathering evidence proving you have been a victim of wrongful termination is never easy. If you work with an attorney, you may have a higher chance of proving your claim than if you try to file your complaint on your own.
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