You also want an ePaper? Increase the reach of your titles
YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.
<strong>The</strong>trucker.com<br />
Nation<br />
<strong>December</strong> <strong>15</strong>-<strong>31</strong>, 20<strong>15</strong> • <br />
FMCSA issues Final Rule designed<br />
to prevent coercion to violate rules<br />
THE TRUCKER NEWS SERVICES<br />
WASHINGTON — <strong>The</strong> Federal Motor Carrier<br />
Safety Administration Friday announced the<br />
publication in the Federal Register of a Final<br />
Rule the agency said is designed to help further<br />
safeguard commercial truck and bus drivers<br />
from being compelled to violate federal safety<br />
regulations.<br />
<strong>The</strong> rule provides FMCSA with the authority<br />
to take enforcement action not only against motor<br />
carriers, but also against shippers, receivers,<br />
and transportation intermediaries.<br />
“Our nation relies on millions of commercial<br />
vehicle drivers to move people and<br />
freight, and we must do everything we can to<br />
ensure that they are able to operate safely,”<br />
said Transportation Secretary Anthony Foxx.<br />
“This rule enables us to take enforcement action<br />
against anyone in the transportation chain<br />
who knowingly and recklessly jeopardizes the<br />
safety of the driver and of the motoring public.”<br />
<strong>The</strong> agency said the Final Rule addresses<br />
three key areas concerning driver coercion: procedures<br />
for commercial truck and bus drivers to<br />
report incidents of coercion to the FMCSA, steps<br />
the agency could take when responding to such<br />
allegations and penalties that may be imposed<br />
on entities found to have coerced drivers.<br />
“Any time a motor carrier, shipper, receiver,<br />
freight-forwarder or broker demands that a<br />
schedule be met, one that the driver says would<br />
be impossible without violating hours-of-service<br />
restrictions or other safety regulations, that<br />
is coercion,” said FMCSA Acting Administrator<br />
Scott Darling. “No commercial driver should<br />
ever feel compelled to bypass important federal<br />
safety regulations and potentially endanger the<br />
lives of all travelers on the road.”<br />
In formulating this rule, the agency said it<br />
heard from commercial drivers who reported<br />
being pressured to violate federal safety<br />
regulations with implicit or explicit threats<br />
of job termination, denial of subsequent trips<br />
or loads, reduced pay, forfeiture of favorable<br />
work hours or transportation jobs, or other direct<br />
retaliations.<br />
Some of the FMCSA regulations drivers<br />
reported being coerced into violating included<br />
Hours of Service limitations designed to prevent<br />
fatigued driving, CDL requirements, drug and<br />
alcohol testing, the transportation of hazardous<br />
materials and commercial regulations applicable<br />
to, among others, interstate household goods<br />
movers and passenger carriers.<br />
Commercial truck and bus drivers have had<br />
whistle-blower protection through the Department<br />
of Labor’s Occupational Safety and Health<br />
Administration (OSHA) since 1982, when the<br />
Surface Transportation Assistance Act (STAA)<br />
was adopted.<br />
<strong>The</strong> STAA and OSHA regulations protect<br />
drivers and other individuals working for commercial<br />
motor carriers from retaliation for reporting<br />
or engaging in activities related to certain<br />
commercial motor vehicle safety, health, or<br />
security conditions.<br />
STAA provides whistleblower protection for<br />
drivers who report coercion complaints under<br />
this Final Rule and are then retaliated against by<br />
their employer.<br />
In June 2014, FMCSA and OSHA signed a<br />
Memorandum of Understanding to strengthen<br />
the coordination and cooperation between the<br />
agencies regarding the anti-retaliation provision<br />
of the STAA. <strong>The</strong> Memorandum allows<br />
for the exchange of safety, coercion, and retaliation<br />
allegations, when received by one agency,<br />
that fall under the authority of the other.<br />
For more information on what constitutes coercion<br />
and how to submit a complaint to FMC-<br />
SA, see fmcsa.dot.gov/safety/coercion. 8<br />
Owner/Operator<br />
looking for more<br />
freight?<br />
J.B. Hunt has<br />
opportunities.<br />
24/7 support with a dedicated<br />
<br />
Dedicated customers for utilization<br />
and consistent freight<br />
Discounts on fuel, parts, and<br />
insurance<br />
Traditional mileage and percentage<br />
<br />
Thank you to<br />
Werner Enterprises,<br />
exclusive sponsor of<br />
<strong>The</strong> Nation<br />
To learn more: www.wernercares.com<br />
For outstanding career<br />
opportunities: www.werner.com<br />
Great partners make for great business<br />
and at J.B. Hunt we’re dedicated to<br />
the success of your business. Call our<br />
placement specialist at 877-<strong>31</strong>4-7349<br />
or visit jbhunt.jobs/IC<br />
GREAT PARTNERS<br />
GREAT BUSINESS
Change language