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Motor Carrier Employee Whistle Blower Protection (49 U.S.C. 31105 and 29 CFR 1978)
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Question:
May my company fire me, write me up, treat me differently, or favor
others if I blew the whistle on my company? I found or know about
violations of Federal safety and health regulations relating to
commercial motor vehicle safety.
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Answer:
No, a motor carrier employer may not discharge, discipline or discriminate
against an employee regarding pay, terms, or privileges of employment
because you did one of the following five actions:
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You filed a complaint related
to a violation of a commercial motor vehicle safety regulation.
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You began a proceeding related
to a violation of a commercial motor vehicle safety regulations
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You have testified in a proceeding
related to a violation of a commercial motor vehicle safety regulation.
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You will testify in a proceeding
related to a violation of a commercial motor vehicle safety regulation.
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You refused to operate a commercial
motor vehicle, because of one of the following two items.
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You had a reasonable apprehension
you, or someone else, would have been seriously injured or impaired
had you operated the unsafe vehicle. You asked your employer to
correct the unsafe vehicle's condition, but your employer refused
to correct the unsafe condition.
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You would have violated a
Federal safety or health regulation.
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Question:
Who is an employee?
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Answer: You
are an "employee" if you do any one of the following five
types of jobs:
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Drive a commercial motor
vehicle.
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Drive a commercial motor
vehicle, as an independent contractor, when you personally operated
the commercial motor vehicle.
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Repair and maintain vehicles
as a mechanic.
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Handle freight.
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Any job for a motor carrier
directly affecting commercial motor vehicle safety in the course
of employment. The employee cannot be an employee of the United
States government, a State, or a political subdivision of a State
acting in the course of employment.
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Question:
What may I do within 180 days of my discharge, discipline,
or discrimination?
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Answer:
You or another person at your request may file a complaint
with the Secretary of the United States Department of Labor.
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The Secretary
of Labor would prefer you send the complaint directly to the Occupational
Safety and Health Administration (OSHA) Area Director responsible
for enforcement activities in the geographical area where you reside
or where you reported for duty. Filing your complaint with any OSHA
officer or employee, however, is sufficient, according to 29 CFR
1978.102
Filing of discrimination complaint.
Visit the OSHA
web site to obtain the address where you should file your complaint.
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Question:
What may I do if my discharge, discipline, or discrimination happened
more than 180 days ago?
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Answer: You
may still file your complaint, or another person at your request
may file your complaint, with the OSHA Area Director acting on behalf
of the Secretary of Labor, but the OSHA Area Director has the discretion
to decline your complaint as untimely.
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Question:
What should I include in my complaint?
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Answer:
You should include the following five items in your complaint.
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Your name, address, and telephone
number.
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The specific commercial motor
vehicle safety regulation in question.
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The name of the person who
discharged you, or disciplined or discriminated against you.
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One or more of the following
alleged actions.
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I filed a complaint related
to a violation of a commercial motor vehicle safety regulation.
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I began a proceeding related
to a violation of a commercial motor vehicle safety regulation.
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I have testified in a proceeding
related to a violation of a commercial motor vehicle safety regulation.
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I will testify in a proceeding
related to a violation of a commercial motor vehicle safety regulation.
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I refused to operate a commercial
motor vehicle because of one of the following two items.
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I would have violated a Federal
safety or health regulation.
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I had a reasonable apprehension
I, or someone else, would have been seriously injured or impaired
had I operated the unsafe vehicle.
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I asked my employer to correct
the unsafe vehicle's condition, but my employer refused to correct
the unsafe condition.
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Any other facts, data, and
applicable circumstances.
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In Addition;
FHWSA Safety Hotline (1-888-DOT-SAFT)
The Motor Carrier Safety hotline is a line of communication available
to commercial vehicle drivers to submit reports of actual or potential
violations of the federal motor carrier safety regulations.
The line, 1-888-DOT-SAFT (368-7238), is a toll-free number
for drivers nationwide to contact the Federal Motor Carrier Safety
Administration.
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In Addition:
FMCSA Safety Tips for Truck and Bus Drivers
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TAKE CARE OF YOURSELF!
The most important part of a moving truck or bus is the driver!
Get plenty of rest before getting behind the wheel. Eat well and
stay fit. Remember, hours of service violations are serious and
can threaten your livelihood or even your life. Stay healthy and
well rested, or don't drive!
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ALWAYS MAINTAIN YOUR VEHICLE
Inspect your vehicle before each trip and check your brakes regularly.
Learn how to inspect your brakes, identify safety defects, and get
them repaired before risking your life and others on the highway.
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BE AWARE OF YOUR "NO-ZONE"
Other drivers may not be aware of the size of your truck's blind
spots. Be vigilant in watching out for vehicles in the No-Zone.
The No-Zone represents the danger areas, or blind spots, around
trucks and buses where crashes are more likely to occur. One-third
of all crashes between large trucks and cars take place in the No-Zone.
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SLOW DOWN IN WORK ZONES
Watch out for highway construction. Stay alert. Work zone crashes
are more likely to happen during the day. Almost one-third of fatal
crashes in work zones involved large trucks. Take your time going
through work zones and give yourself plenty of room. Expect the
unexpected!
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ALWAYS KEEP YOUR DISTANCE
Always leave enough space between you and the vehicle in front of
you. If you hit someone from behind, you are typically considered
"at fault," regardless of the situation. Large trucks
require more stopping distances than other vehicles. Take advantage
of your driving height, and anticipate braking situations.
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FASTEN YOUR SEAT BELT
Buckle up for safety and control. If you are in a crash, a seat
belt can save your life and those around you. It will keep you in
your seat and allow you to maintain control of your truck or bus.
A major cause of truck and bus driver fatalities involves being
ejected from the vehicle. Wearing seat belts, is still the single
most effective thing all drivers can do to save lives and reduce
injures on our roadways.
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ALWAYS DRIVE DEFENSIVELY
Avoid aggressive drivers! It's estimated that each year two-thirds
of all traffic fatalities are caused by aggressive driving behaviors.
Keep your distance and maintain a safe speed. The only thing speed
will increase is your chance for a crash.
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WORK TO HELP YOURSELVES
Be the professional on the highway and at safety events! Help stranded
motorists; notify traffic safety agencies of crashes, unsafe drivers,
unsafe roadway conditions, and other situations that can lead to
crashes. Join a "Highway Watch" program, if available
in your state. Your participation in public safety events and your
performance on the highway can change public perception!
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!!!TELL US WHAT IS WRONG!!!
If you know of unsafe situations, tell us about it. This includes
unsafe companies, unsafe drivers, unsafe roadways, and unsafe vehicles.
The following "hotlines" are maintained for your protection.
Please call us to help make the roads safer and your job easier.
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FMCSA Driver Hotline: 1-888-DOT-SAFT (368-7238)
NHTSA Vehicle Hotline: 1-888-327-4236
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And Last, But Not Least;
Driver`s Rights- OSHA Poster 3113- U.S. Department of Labor
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