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TForce | Please read, driving conditions, safety

Here's some info:

The STAA Handbook: How to Use the Surface Transportation Assistance Act (STAA) to Enforce Truck Safety and Protect Your Job. <--Informative article.

This is an awesome and very informative handbook.
If you can get one, get one.
Our BA and Steward passed them out to us.
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49 C.F.R. §392.14
 
your protections for refusing to violate the law
in part, section 405 of the surface transportation assistance act of 1982 provides protection against retaliation by motor carriers in instances where drivers refuse to violate safety regulations. The law is codified in the united states code under title 49, section 31105, employee protections.
jurisdiction over enforcement of employee protections rests with the secretary of labor, specifically the occupational safety and health administration (osha) a division of the department of labor. Although owner-operators are generally not considered employees, osha definition 1978.101(d) states:
“employee” means (1) a driver of a commercial motor vehicle (including an independent contractor while in the course of personally operating a commercial motor vehicle); (2) a mechanic; (3) a freight handler; or (4) any individual other than an employer; who is employed by a commercial motor carrier and who in the course of his employment directly affects commercial motor vehicle safety, but such term does not include an employee of the united states, any state, or a political subdivision of a state who is acting within the course of such employment.
so regardless of whether you are leased to, or directly employed by a carrier, as the operator of the vehicle you are protected under the law. The protections afforded you are reasonably straightforward as follows:
sec. 31105. Employee protections
(a) prohibitions -- (1) a person may not discharge an employee, or discipline or discriminate against an employee regarding pay, terms, or privileges of employment, because--
(a) the employee, or another person at the employee's request, has filed a complaint or begun a proceeding related to a violation of a commercial motor vehicle safety regulation, standard, or order, or has testified or will testify in such a proceeding; or
(b) the employee refuses to operate a vehicle because--
(i) the operation violates a regulation, standard, or order of the united states related to commercial motor vehicle safety or health; or
(ii) the employee has a reasonable apprehension of serious injury to the employee or the public because of the vehicle's unsafe condition.
a carrier runs afoul of the law if it terminates or otherwise retaliates against you for refusing to operate in violation of safety laws or regulations.
it can be a difficult task to prove a carrier subjected you to disciplinary action unlawfully. After the fact you can expect carriers to make any number of claims in their defense, no matter how false, for sending you packing or otherwise punishing you. If it comes down to your word against theirs, your best offense, or defense as it may be, is to thoroughly document everything you even suspect may lead up to any kind of disciplinary action. Dates, times, names, locations and a detailed written record of conversations you have with a carrier representative are a must. A tape recorder can be a very helpful tool in helping you to document your case.
if your carrier threatens, coerces or retaliates against you for refusing to violate safety laws or regulations you should contact ooida immediately. With some exceptions complaints must be filed with the proper authorities within 180 days from the time an alleged violation occurs. Ooida will need time to evaluate your complaint and determine an appropriate course of action to help protect you from unlawful retribution.
contact the business services department at 1-800-444-5791.
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Dockworker said:
The STAA Handbook: How to Use the Surface Transportation Assistance Act (STAA) to Enforce Truck Safety and Protect Your Job. <--Informative article.

This is an awesome and very informative handbook.
If you can get one, get one.
Our BA and Steward passed them out to us.
staathumbnail.gif



49 C.F.R. §392.14
Click to expand...

Thank-You for posting this! :1036316054:

I received My copy in the mail yesterday.

Everyone... if You don't have a copy - please spend the $8.00 (free shipping) and go ahead and get yourself a copy!

Very Usefull - plus it includes a couple case studies involving UPS!
 
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