Truck drivers make up a huge part of the U.S. economy, bringing essential products and services from one area to another quickly and efficiently. As a result of this crucial role, federal law regulates truck drivers to protect them from abuse and from risk of accidents on the road.
When you know of violations of trucking safety rules by your employer—such as forcing longer hours beyond the legal limit—a Charleston trucking safety whistleblower lawyer could help. Our team is familiar with the federal regulations and could assist in making a report and in protecting you from illegal retaliation. Call one of our seasoned whistleblower attorneys to get started.
The Federal Motor Carrier Safety Administration (FMCSA) has authority to regulate truck driver safety, and the FMCSA provides educational materials and rule interpretations on its website. Drivers carrying property and passengers must follow FMCSA regulations.
For example, FMCSA sets limits for the number of hours truck drivers can drive consecutively and within certain time periods, as well as mandatory breaks. FMCSA regulations also allow for adverse weather conditions and exceptions for short-hauling—operations within a 150-mile radius of a driver’s normal working location allow for fewer restrictions.
A trucking employer might try to stretch these limits or influence drivers to cut corners to haul more property or passengers, or an employer might misinterpret how regulations apply, resulting in potentially dangerous working conditions. A whistleblower attorney could help truck drivers or other employees in Charleston figure out if violations exist and how to report them to the proper authority.
An employee can file a complaint with the FMCSA if they know of a possible trucking safety violation. If an employee reports a violation, federal law prohibits an employer from retaliating, as forbidden by the Surface Transportation Assistance Act.
Retaliation includes termination of employment and discrimination against an employee in their pay or terms of employment. Employees receive protection if they file a complaint with the proper authority, testify in a proceeding, or refuse to operate a vehicle in violation of safety regulations.
In the face of retaliation, a whistleblower can turn to the U.S. Department of Labor for protection by filing a complaint with the Secretary of Labor. The Secretary can investigate the complaint and produce a preliminary order, followed by an administrative hearing. That hearing can result in reinstatement of the employee and back pay.
A whistleblower lawyer could provide necessary support and information for an employee reporting a trucking safety violation, especially when familiar with Charleston employers and federal agencies. They could also navigate the process of filing a complaint for retaliation and the administrative and court proceedings that can follow.
Illegal activity and dangerous actions by an employer can seem daunting, but you can do the right thing by reporting. If you plan to report a violation to the government—or if you already have filed and face retaliation—you should consult with an attorney.
A Charleston trucking safety whistleblower lawyer could make sure you report properly and have all you need to protect yourself from an employer’s persecution. Discussing your case with an attorney could provide more information and peace of mind in your decision to report a safety violation. Call today to schedule a consultation and get started on the process.
