I Got Fired For Discussing My Hours Of Service

deleted after thinking

 

And what will OSHA rule on? they have no standing of FMCSA rules.

 

I think you are mistaken.


http://www.examiner.com/article/truck-driver-employee-rights-under-osha-and-fmcsa


According to Federal Law, employers are prohibited from firing, demoting, or in any other way discriminating against an employee. Supposedly, this law applies to trucking companies as well. Truck drivers who refuse to violate HOS rules or to operate the CMV in a way that would violate a Federal Commercial Motor Vehicle Regulation are protected from any kind of retaliation by the trucking company, under the STAA, 49 U.S.C. Section 31105, and are encouraged to report any such retaliation to the FMCSA or to OSHA.


The Surface Transportation Assistance Act (STAA) is suppose to provide a simplified and effective remedy for truck drivers who are fired for insisting on following Federal Motor Carrier safety regulations as set forth by the FMCSA. If a trucking company takes action against a driver for any complaint where the driver is protected from retaliation, then he or she may file a complaint with the Occupational Safety and Health Administration (OSHA) that could result in reinstatement, back pay and benefits, attorney fees and costs, and other remedies.


The OSH Act protects workers who report to their employer, OSHA or other government agencies about unsafe or unhealthful working conditions in the workplace or environmental problems. The STAA prevents trucking companies from invoking retaliatory measures against a driver who invokes his or her rights under OSHA. The FMCSA also encourages truck drivers to report safety violations by motor carriers.



There is more at the link.

 

FMCSA regulations apply, NOT OSHA. 10 hour break, pre and post trip are FMCSA regulations.

OSHA is preempted by Section 4(b)1 of the OSH Act from enforcing its regulations if a working condition is regulated by another Federal agency.

Highway Driving

• DOT has jurisdiction of the trucking industry. (1992, January 13). Establishes that the Department of Transportation (DOT) has the authority and responsibility for promulgating and enforcing regulations related to the trucking industry.
• Safety requirements applicable to lunch and rest breaks during an employee's workday. (1986, January 24). Requires that those employed in driving commercial vehicles involved in interstate commerce follow Federal Motor Carrier Safety Administration (FMCSA) regulations on Hours of Service Regulations Final Rule (December 2011). A new Hours-of-Service (HOS) Final Rule was issued on December 22, 2011. The effective date of the Final Rule is February 27, 2012, and the compliance date of selected provisions is July 1, 2013.

And yet the Surface Transportation Assistance says to file the complaint with OSHA... got to love the convoluted path of rules and regulations, and all the contradictions written within the rules and regulations.

Learned something new today.

 

I guess you did not read the rest of the link.


Refusing to violate hours-of-service regulations.


One study found that OSHA ruled in favor of the truck driver only 31% of the time. In most of these cases, however, the employee chose to act without an attorney experienced in employment law. The study also noted that many of the cases that OSHA dismissed were successful when appealed. The Workplace Fairness Organization provides a source to locate an attorney who specializes in employment law.
But is OSHA, the STAA and the FMCSA working for truck drivers? Many truckers report that when contacting OSHA or the FMCSA on such matters, their complaints went unnoticed. Furthermore, drivers state that they might as well had been "talking to a fence post" due to no action taken by OSHA or the Federal Motor Carrier Safety Administration.


Will it be good? It could lead to a legal case and a good attorney.

 

edited post crossed paths....

Convoluted rules and regulations. Learned something new today.

 

I keep getting quoted for "I agree good sir". Funny, I don't think I posted that response that many times.

Anyway, my take on it is this is all just ridiculous.

 

Naw It Blows

 

I said good day sir!

 

as someone who has experienced osha and and other federal offices first hand. like the politicians they work for. the only time they give a crap to uphold the law and protect the people. is when they are on the receiving of the money.