1. “Whistleblower” Protection
Employee-Employer
Safety Responsibilities
Title page

2. A duty to comply with DOT safety rules
The Federal Motor Carrier Safety Regulations govern what you do, when you do it and how you do it
Your employer must comply with the rules
You must comply with the rules
There is a Federal mandate for everyone to obey safety rules and regulations
Both the employer and the employee have this duty
There are penalties if you do not comply
An employee may not violate, and an employer may not ask or force an employee to violate safety rules

3. PART 390
Quoting a part of the Federal Motor Carrier Safety Regulations
The rules are applicable to all employers, employees and commercial motor vehicles
Every employer shall be knowledgeable and comply
Every driver and employee shall be instructed regarding, and shall comply
In Part 390, there is specific language that demands compliance with the regulations

4. Some of the rules that affect you
Qualification
Physical condition
Substance abuse
Background evaluation
Periodic inquiries
CDL
Driving rules
Hours of Service
Equipment
Inspections
Hazardous materials
This list of rules is a basic one
Here we cite many of the applicable sections of the regulations that apply to rivers and employers
Many of the sections are extensive and have a high demand for compliance activity

5. Disagreements Can occur even in the best of situations
Typical problems between drivers and employers
Schedules and work assigned
Vehicle condition
Vehicle assigned
Hours of service
Routing
The reality of working is that even honest people can disagree on what is right and wrong
Nearly all of these disagreements over whether something is legal or not can be resolved in the workplace
The disagreements may involve whether a trip that has been assigned can be operated legally, whether a vehicle assigned is in a safe condition for use, whether the vehicle assigned is appropriate and adequate for the job duties, whether there are enough hours remaining in the drivers schedule to complete the trip legally, and whether the route selected is one suitable and legal.

6. Disagreements Most can and are “worked out” internally BUT on occasion
Employees/employers discuss situations
Issues get resolved and compromises are made
BUT on occasion
Disagreements are not settled in accordance with the law
Employees feel they are forced to break the law
Despite efforts
Occasionally a driver may feel he or she has been forced to violate the law

7. A hypothetical example
A driver might be “force dispatched” on another trip even though he or she may be “out of hours”
Despite his complaints and protests
The employer is aware of the hours problem
Despite this, the employer demands the driver take the trip
If the driver refuses, he knows or is told he will be terminated
A not uncommon example
This is a hypothetical case where a driver is asked to violate the rules
Everyone involved is aware of the violation yet the demand for the driver to drive persists
The driver usually fears for his job and drives illegally
This is the situation that DOT is trying to prevent, by giving the driver an option and giving the employer fair notice that the driver has this option

8. Common complaints The DOT receives complaints everyday
The major categories of complaint are:
Unqualified drivers
Hours of Service violations
Unsafe equipment
Motorist complaints
Lumping
DOT hears complaints like these regularly
Not all of the complaints received are safety related, but many are
Lumping is the practice of placing the driver in a position of being forced to hire helpers in order to get his truck unloaded in timely manner

9. Complaints to DOT Are not unusual Help remove unsafe operators
Can save lives…including yours
Such complaints deserve attention and follow up

10. Understanding the process
The DOT regulations provide formal complaint procedures
These procedures are provided to the public, consumers, and carrier employees
Drivers are provided special status and protection when they make a safety complaint
To improve the complaint process, there are government complaint procedures
And there are special procedures for drivers to use

11. The “Whistleblower” provision
In the event of a good faith safety complaint:
The driver may use a special “call in” number to use (or the complaint may be filed “on line”)
The employer is prevented, by law, from taking “action” against an employee who in good faith makes a complaint
Called “Whistleblower” complaints,
Drivers may expose what they feel are illegal or improper actions to government inquiry
Congressional action has issued protections to those who make complaints
Employers may not make reprisals against those who file a complaint

12. Why this new rule?
Public demand for more action against unsafe drivers and employers
Some drivers are forced into unsafe driving and trip situations
DOT wants to target unsafe or illegal operators identified for follow up action
There were many situations in the past where if a driver had filed a complaint, a life may have been saved
An accident avoided, an injury prevented
DOT wants to be able to act in time to prevent needless losses

13. What is NOT covered The DOT rules and regulations are specific
Problems must be safety related
Frequently, a violation of the regulations will be involved
The employer must be notified and be provided an opportunity to “fix” the problem
Only after this opportunity fails should a complaint be presented
Whistleblower is specific to safety and
The employee must first try to get the employer to resolve the situation before complaining

14. What happens when you file a complaint?
The complaint is forwarded to USDOT investigators and is reviewed:
Is it safety related?
Does it have all of the requested information?
An agency official may contact you
An investigation may take place
You will be notified within 90 days of how your complaint was handled
Complaints are reviewed by government officials

15. How to file a complaint First, get the facts together
Your name, address and phone number
The dates of the alleged violation
The names of your supervisor or other advisor
The specific regulation you feel is (or was) being violated
The detailed process step 1

16. How to file a complaint Contact DOT by telephone or internet
Go on line to the FMCSA website set up for complaints:
Telephone trained representatives who can handle anonymous or confidential reports at:
1-888-DOT-SAFT ( )
Continuing the complaint process
Complaints may be called in or filed via the internet

17. Employee rights are protected
You are an “Employee” under the law if:
You drive a commercial motor vehicle
Drive as an independent contractor, if you personally drive
Repair and maintain vehicles as a mechanic
Handle freight
Have a job for the carrier affecting commercial motor vehicle safety
Whistleblower provisions of federal law apply to employees
Here are the definitions that make you an employee
If you meet any of these criteria, you are protected

18. Your protection
A motor carrier may not discharge, discipline, discriminate against an employee regarding pay, terms or privileges of employment because you were involved in one or more of several specific situations.
The specific of the law
Read this to the class

19. Your protections apply if:
You met the requirements for notifications as noted
You did one of the following:
Filed a complaint in good faith or began a proceeding about a violation of the safety regulations
You have testified or will testify in a proceeding
You refused to operate a vehicle because in good faith, you believed you would have violated a regulation or you had reasonable concerns about vehicle safety, asked the employer to repair same and the employer refused
The fine print
The employee protections kick in when the driver meets the requirements, that is, the driver has
Played by the rules:
The complaint is safety based
The driver first tried to work it out with the employer (see slide 6)
The complaint is made in good faith
All of the proper information is provided
The complaint is filed in a timely manner to the appropriate agency
The protections then apply if the complainant driver has done at least one of these things----
Filed a compliant
Testified in a hearing (or will testify)
Refused work because of safety problems or violations

20. Fair opportunity
The first step to resolving a complaint about safety is to try to handle it directly with your employer
Make your complaint or concern known
Give the employer an opportunity to resolve the problem
After and only after these attempts fail, eligibility for the protections begins
A violation of a safety law or a reasonable concern about danger, accident, injury or serious health impairment must have been present in your original complaint
The employee must always first try to get the employer to fix the problem
It is suggested that these efforts be carefully documented

21. What if….
If your employer discharges, disciplines or discriminates because of your good faith complaint
You have a 180 day period to file a complaint against these actions, some extensions may be possible
File your complaint with the Occupational Safety and Health Administration
Go to their web site for details on this procedure:
The employee has rights long after the events around the complaint has been filed
If the employee feels his or her rights were violated because they filed a complaint
Then they make a formal complaint with OSHA (Occupational safety and Health Administration)

22. The law
These “Whistleblower” protections are found in the Federal regulations
Transportation: 49USC31105
Labor (OSHA) 29CFR1978
If another, non-safety issue arises, the complaint needs to filed with the proper agency. One common “other” complaint is with payroll:
Pay and compensation: USWAGE
Here are where the laws protecting employees are found
Be sure to note that whistleblower protects ONLY safety complaints
Other agencies may have other rules
And the safety complaint line cannot help with non-safety issues,
The employee must determine the proper agency to speak with
Here we provide a contact for a common complaint, payroll disputes that cannot be resolved between employee and employer
pay complaints are filed with the labor department at the number shown

23. Whistleblower protections
Protect everyone
Offer fair treatment
Give you a voice
Prosecute unsafe
carriers
Summary