Bad weather and other unsafe conditions

[Familyman]

I was going to post this in the FXF forum as a reply to the thread about central dispatch, anyway it really applies to all so I'm posting it here.

The STAA protects employees from retaliation for
reporting safety violations or refusing to operate a commercial motor vehicle because of safety

concerns.

(2) Under paragraph (1)(B)(ii) of this subsection, an employee's apprehension
of serious injury is reasonable only if a reasonable individual in the
circumstances then confronting the employee would conclude that the
unsafe condition establishes a real danger of accident, injury, or serious
impairment to health. To qualify for protection, the employee must have
sought from the employer, and been unable to obtain, correction of the
unsafe condition.
Employees are protected from retaliatory action by their employer for refusal to operate a
commercial vehicle under § 31105(a)(1)(B)(i) (the “actual violation” prong) if operating the
vehicle would violate relevant regulations. Under § 31105(a)(1)(B)(ii) (the “reasonable
apprehension” prong) an employee need only have a reasonable apprehension of serious injury
to himself or the public, based on the objective standard set out in § 31105(a)(2), for a refusal to

operate a commercial motor vehicle to be protected.

http://www.ca6.uscourts.gov/opinions...4a0122n-06.pdf

So if confronted with a dispatcher telling you to do what you feel is unsafe don't do it, you are afforded protection under the law.


FM