Truck Driver Employee Rights Under OSHA
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.
Some examples of activities protected under the Surface Transportation Assistance Act are:
- Making a complaint to the U. S. DOT about violations, or possible violations, of commercial vehicle safety regulations.
- Making a complaint to your employer about violations, or possible violations, of commercial vehicle safety regulations.
- Refusing to drive a commercial vehicle when impaired due to illness or fatigue.
- Refusing to drive a vehicle that exceeds highway weight restrictions.
- Refusing to violate hours-of-service regulations.
- Refusing to drive a vehicle with defective lamps, leaky exhaust systems, inadequate brake pressure or adjustment.
- Refusing to violate speed limits.
- Refusing to drive in hazardous weather.
- Refusing to falsify a log book.
Trucking companies are prohibited from retaliation or discrimination measures toward the truck driver who exercises their OSHA rights. Discrimination can include the following actions:
- Firing or laying off
- Assigning to undesirable shifts
- Blacklisting
- Demoting
- Denying overtime or promotion
- Disciplining
- Denial of benefits
- Failure to hire or rehire
- Intimidation
- Transferring
- Reassigning work
- Reducing pay or hours
Most STAA cases involve drivers refusing to drive when fatigued or the load is considered unsafe. Trucking companies who retaliate by reducing the miles the driver receives, is thus reducing the pay for the trucker, thus violating the STAA. You can submit your questions to OSHA if you feel that you have been retaliated or discriminated against by the trucking company.
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.
The Act also is suppose to provide compensation for the truck driver who’s claim is successful in various forms as:
- reinstatement
- back pay
- front pay
- compensatory damages for such items as emotional distress and loss of reputation,
- interest on damages
- attorney fees and costs
- Other remedies, known as “equitable remedies” include:
- purging of adverse information from personnel records, and
- posting of information about the case at the employer’s work sites.
When it comes to enforcing the STAA and FMCSA protection in place for truck drivers and their employee rights, trucking companies have proven to be much smarter than these two agencies. By creating the “Starving Out” process of truck drivers and placing the blame on economic issues and the lack of freight, it can often lead to the trucker unable to prove that they were actually retaliated against. Even though both OSHA and FMCSA have acknowledged that this process of starving out drivers is in place within the trucking industry, there have been no parts created in the FMCSA regulations to hold motor carriers responsible.
Although CSA 2010 is expected to hold motor carriers more responsible for safety issues, the standard mileage for professional truck drivers have been set at 2500 miles per week. If a driver uses their right under OSHA and the FMCSA, trucking companies will still be able to retaliate against the driver by utilizing the starving out process. Federal regulations should include a sub-part stating that a motor carrier must supply the truck driver with the weekly miles that were promised at the time of hire.
Trucking companies will always tell the driver that the average miles per week that they can expect is 2500 miles. A Federal Law should be enacted to hold the company accountable for this claim. This could play an effective part in stopping the “starving out” process which is most often used as a retaliation tool against truck drivers.
If OSHA and the FMCSA is truly for the employee rights of the trucker, a regulation such as this should be in place.
Aubrey Allen Smith is a veteran over the road driver with nearly 4 million safe miles and host of the popular Truth About Trucking “LIVE” talk show on Blog Talk Radio. He also hosts the #1 trucking blog Ask The Trucker and is founder of the first and original Truth About Trucking.
Operate Your Trucking Business through Multipurpose Trucking Software
In today’s competitive trucking business environment, smart and efficient working is a necessity. This is the reason enterprises are constantly reinventing and transforming themselves to grow and survive. It is almost necessary to exert continuous endeavors that are directed at complete transformation, encircling all possible areas of the enterprise operation. It could be acquiring new business clients, retaining old clients, enabling and in-house training of the employees & managers, re-scheduling internal operations by upgrading the existing software or even acquiring new knowledge laced with evolving technologies.
In the past few years, the transportation industry has undergone noticeable transitions. And trucking industry has also seen some of the positive and revolutionary changes in its life span. Introduction of transportation (trucking) software is supposed to be the most progressive, remarkable and innovative change which the industry has experienced. It is particularly designed to manage all the intricacies of business for trucking companies as well as for freight brokers.
Since its inception, it has convincingly gained flying popularity as well as generic acceptance among its customers in a very short period of time. Unquestionably, it has surpassed several other standards of web applications designed for the trucking industry and has polished a significant position of its own. This trucking software is specifically intended for small and medium sized trucking businesses and is comparatively convenient to operate, manage, and organize.
Trucking software applications are meant to address all the operations of trucking business. They handle all your basic operational yet significant needs. Web based trucking applications help in managing accounts, payroll, loads, dispatch, reporting and all other functions of trucking or freight brokerage business. Web-enabled software has its own advantages and generally involves no hidden costs. The affordability brings the software under the budget of smaller as well as medium enterprises. As a matter of fact, it greatly simplifies the operations and enables enterprises to handle multiple tasks at a time.
Using all these eminent tools, a trucking enterprise can easily view all active trucking loads on the dispatch board. It is also easy to manage the loads and to save precious time loads can be created in advance. Using other software tools and applications, managers can easily set credit limits for customers. They can develop a payroll for each of the drivers on a chosen time basis (weekly or monthly). The trucking and Freight broker software makes it possible to get a printout of the invoices at any point of time.
Truck Driving Schools
I have received multiple emails asking the question “What is the best truck driving school?” or “Where do you recommend I get truck driver training?” Should you pay out of pocket or sign a contract with a trucking company school for free truck driver training?
I don’t know anyone who can claim to be an expert on truck driving schools or the best method to pay for your truck driving school! The fact is most people have only gone to one trucking school and if for some reason they have gone to more than one I would stay clear of them!
The choice of a trucking company school or a private truck driving school is a personal one and depends on your unique situation. Location, money, time etc. The only comment I really have on paying for a truck driving school would be if you can pay on your own go ahead.
If you are paying out of pocket make sure that the school has job placement with a decent trucking company! Some trucking companies will reimburse you all or part of your tuition depending on how long you drive a truck for them. You will have no commitment to any trucking company and can move on when you feel like it if you pay for your CDL training out of your own pocket. You can judge the quality of a truck driving school by the job placement they provide.
If several large trucking companies recruit from a particular truck driving school graduate pool, that particular trucking school probably trains students well or the big trucking companies would not want to use that truck driving school has a hiring pool. Company trucking schools will usually train you well because you will be working for them and driving their trucks! Make sense?
After you have been driving for a while you will realize that most of your learning is on the road and the truck driving school served no other purpose than just getting your CDL, learning the basics, and job placement.
I personally went through the Schneider training academy when I started driving and I can say it was a good school and that they probably over train their students. Schneider is known for having one of the best truck driving schools in the trucking industry but I have nothing to compare the experience with. I only went through truck driving school one time myself.
How to Get Hired at the Best Trucking Companies
As if a career as a professional owner operator CDL truck driver isn’t challenging enough, the thought of trying to conduct an efficient job search at the same time can be an overwhelming proposition. Attempting to maintain a positive job search attitude while trying to navigate your way though a myriad of trucking companies recruiting platforms can be overwhelming and frustrating. The end result is that some will give up, throw in the towel and forget trying to upgrade their standard of living and find the best CDL truck driving jobs.
Well here’s a secret that might really shock you. Did you know that most trucking companies use multiple sources to recruit and fill their best truck driving jobs? Many of the best truck driver jobs in America are snagged by fellow truck drivers long before the job opportunity ever made it to the marketplace. Unusual, you say? Not really. It’s actually very common in most other industries but those are career marketplaces with fewer openings and significantly more talent available than there are jobs to fill.
It is believed that up to 80,000 truck driver job positions are available today. However, there are only about 15%-20% of those that would be considered the “best” truck driving jobs. In order to stay connected to what’s happening and have the best opportunity to land one of these jobs you need is a set of eyes and ears keeping a finger on the pulse of the industry while you’re out making a living to support your family. And the best part is that these eyes and ears are paid for by the very companies looking to fill the best CDL truck driving jobs in America.
Listen carefully! Advance your career and grab the truck driver job you deserve.
The single most important step to maximizing your career job search and to have the best chance to grab the premium trucking jobs is to enlist a professional recruiter.
Specifically, one that has good standing relationships with the best trucking companies. He/she should have more than 5 years experience in successfully placing independent owner operators in the highest paying CDL truck driving jobs. A professional recruiter has established contacts throughout the trucking industry and can work for you while you are making a living managing your business. There are thousands of professional recruiters and a certain percentage of them work in the trucking industry.
Are there different types of recruiters for different types of trucking companies?
Absolutely. When dealing with a professional recruiter you will find two types of recruiters. There are those that will charge you a fee to market your skills to several trucking companies and/or the highest bidder. Or, there are recruiters who are paid by the trucking companies to bring them the best qualified candidates to fill their truck driving jobs.
Why should I enlist with a professional recruiter? There are five key reasons to consider and enlist a professional recruiter.
They have industry contacts you would only dream of having. A successful professional recruiter spends a large amount of time networking with trucking companies and hiring managers.
They will review and help prepare a professional resume with quality references. This is one of the biggest benefits you will find in dealing with a professional recruiter. If this service is not offered to you, move on to the next office.
They will help with preparing for pre-employment screening tests including background checks and credit checks. Professional recruiters know what perspective trucking companies are looking for in new hires. They will guide you and advise you on how to stand out above the crowd.
They will prepare you for the interview. A seasoned recruiter will have an established relationship with the person who will be interviewing you for the position. This will provide you a great advantage over your peers.
They should help you prepare and present a well organized portfolio of success. By presenting an organized portfolio of your accomplishments as a professional truck driver, you will not only knock the socks of the future employer, but you will have positively impacted the level of compensation package that will likely be presented to you.
What should you do before you contact a professional recruiter? Get your financial and legal affairs in order before you apply for your dream job. Professional truck drivers with clean driving history, good credit and good citizens of the community are worth their weight in gold. Trucking companies will pay a significant premium to hire these individuals so you will be a very valuable asset to a reputable recruiter.
If you found this article of interest, you may want to check out the follow up to this article that focuses on truck driver jobs and specific job interview tips.
cdl trucking: Trucking: Tractor-Trailer Driver Handbook/Workbook
Trucking: Tractor-Trailer Driver Handbook/Workbook
List Price: $46.95
A severe shortage of trained tractor-trailer drivers faces the trucking industry and the nation. The Trucking: Tractor-Trailer Driver Handbook/Workbook and ancillaries can help solve this problem by providing a comprehensive and turn-key curriculum for tractor-trailer trailer training. Written at a 3rd -6th grade reading level for ease of understanding, the Handbook/Workbook, addresses not only the body of knowledge a driver needs to know, but it also teaches the procedures that, with practice, will enable the student to become a skilled driver. This book stresses the importance of developing the traits and behaviors that characterize true professionals, as tractor-trailer drivers are placed in the unique position of being entrusted with expensive equipment and cargo, as well as representing the industry to the public at large. Content also includes good health and safety practices that drivers should follow for success on the job.
List Price: $46.95
Your Price: $25.00- 
