Mandatory Report on Whistleblower Protections for Truck Drivers
More than 7 Years Overdue.
On June 9, 1998, Congress passed legislation requiring, among other things, the Secretary of Transportation, "in conjunction with the Secretary of Labor" to investigate to investigate whether the statutory employee protections for truck drivers (49 U.S.C. Sec. 31105) to report back to Congress concerning the results of the investigation and "include recommendations to address any statutory changes necessary to strengthen the enforcement of such employee protection provisions."
The report by DOT was due June 9, 2000. It has not yet been issued.
For some unknown reason, the Department of Transportation or the Department of Labor, or both, either do not care about the Congressional mandate, or they do not want the results of the study conducted more than 7 years ago to be released.
Since 2002 I have been trying to find out when the report would be issued. I enlisted the help of aides to my Congressman, John Kline (D-Minn.), and Congressman James Oberstar (D-Minn), Chairman of the House Transportation Committee.
On October 18, 2006, Stephanie Manning, an aide to Congressman Oberstar, told me that she had spoken to Federal Motor Carrier Safety Administration staff and was advised that the report would be issued by the end of 2006.
I wrote letters to John Hill, FMCSA Administrator, on October 5, 2006, and April 4, 2007, asking when the report could be expected. Mr. Hill did not answer my letters until July 12, 2007, after I called his office twice and asked to speak with him personally. When Mr. Hill finally responded by letter to me, he asked me to deal with Carol Zok in his office (I have no problem with dealing subordinates so long as they are responsive).
Today I received a call from Casey Bubalotz, an aide to Congressman John Kline on labor issues. Mr. Bubalotz informed me that the mandatory report that was due from DOT nearly 7 1/2 years ago will be issued within the next 60 to 90 days. Apparently the report is being reviewed by the Assistant Secretary of Labor for Occupational Safety and Health.
I am not holding my breath.
It should be noted that in May 2007, the House Education and Labor Committee held a hearing to address the Department of Labor's failure to timely decide whistleblower cases including cases filed by truck drivers. The Committee also addressed whether or not whistleblower protections need to be strengthened for employees in the private sector.
On August 3, 2007, President Bush signed the Implementing Recommendations of the 9/11 Commission Act, Public Law 110-053.
The Act contains procedural and substantive amendments to the STAA. The substantive amendments to the STAA expanded the scope of activities that qualify the protection under the STAA including, but not limited to, a protection for commercial drivers accurately recording their activities on their records of duty status in accordance with 49 C.F.R. § 395.8. 49 U.S.C. §31105(a)(1)(C). The substantive amendments to the STAA now allow for awards of punitive damages. 49 U.S.C. § 31105 (b)(3)(C).
The procedural amendments to the STAA codified the burdens of proof so that the applicable burdens of proof are the same as those under the employee protection provisions of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, 49 U.S.C.§ 42121 (b). See, 49 U.S.C. § 31105(b)(1). The procedural amendments to the STAA also allow an employee/truck driver to pull his case away from the Department of Labor and put it in U. S. District Court with a jury trial.
These are changes that truck safety advocates wanted made to the STAA and they were implemented with no help from DOT or DOL.
I have to wonder whether some of these changes might have been to the STAA years ago if DOT and DOL had done their job and had the report issued by June 2000 as directed by Congress.
Lives might have been saved if the provisions implemented on August 3, 2007, had been implemented 7 years ago.
Notwithstanding the new amendments to the STAA, the mandatory report on the effectiveness of the STAA's whistleblower provisions and recommendations for strenghthening the STAA should still be issued. Additional changes for strengthening the STAA's whistleblower protections for truck drivers should include a provision vesting OSHA with administrative subpoena powers in STAA cases so that unscrupulous trucking companies cannot just thumb their noses at OSHA and frustrate their investigations. Additionally, a provision should be implemented where the recommended decision and order of a DOL administrative law judge become the final order of the Secretary of Labor where the DOL's Administrative Review Board fails to issue a final order within one year after the case is fully briefed. Right now the Administrative Review Board is taking more than 3 years to issue final orders after the ALJ's recommended decisions and orders are issued in cases fully tried on the merits. That is unconsciounable.
Paul Taylor
Truckers Justice Center
900 West 128th Street, Suite 101
Burnsville, MN 55337
Tel. No. 952-224-9166
www.truckersjustice.com
On June 9, 1998, Congress passed legislation requiring, among other things, the Secretary of Transportation, "in conjunction with the Secretary of Labor" to investigate to investigate whether the statutory employee protections for truck drivers (49 U.S.C. Sec. 31105) to report back to Congress concerning the results of the investigation and "include recommendations to address any statutory changes necessary to strengthen the enforcement of such employee protection provisions."
The report by DOT was due June 9, 2000. It has not yet been issued.
For some unknown reason, the Department of Transportation or the Department of Labor, or both, either do not care about the Congressional mandate, or they do not want the results of the study conducted more than 7 years ago to be released.
Since 2002 I have been trying to find out when the report would be issued. I enlisted the help of aides to my Congressman, John Kline (D-Minn.), and Congressman James Oberstar (D-Minn), Chairman of the House Transportation Committee.
On October 18, 2006, Stephanie Manning, an aide to Congressman Oberstar, told me that she had spoken to Federal Motor Carrier Safety Administration staff and was advised that the report would be issued by the end of 2006.
I wrote letters to John Hill, FMCSA Administrator, on October 5, 2006, and April 4, 2007, asking when the report could be expected. Mr. Hill did not answer my letters until July 12, 2007, after I called his office twice and asked to speak with him personally. When Mr. Hill finally responded by letter to me, he asked me to deal with Carol Zok in his office (I have no problem with dealing subordinates so long as they are responsive).
Today I received a call from Casey Bubalotz, an aide to Congressman John Kline on labor issues. Mr. Bubalotz informed me that the mandatory report that was due from DOT nearly 7 1/2 years ago will be issued within the next 60 to 90 days. Apparently the report is being reviewed by the Assistant Secretary of Labor for Occupational Safety and Health.
I am not holding my breath.
It should be noted that in May 2007, the House Education and Labor Committee held a hearing to address the Department of Labor's failure to timely decide whistleblower cases including cases filed by truck drivers. The Committee also addressed whether or not whistleblower protections need to be strengthened for employees in the private sector.
On August 3, 2007, President Bush signed the Implementing Recommendations of the 9/11 Commission Act, Public Law 110-053.
The Act contains procedural and substantive amendments to the STAA. The substantive amendments to the STAA expanded the scope of activities that qualify the protection under the STAA including, but not limited to, a protection for commercial drivers accurately recording their activities on their records of duty status in accordance with 49 C.F.R. § 395.8. 49 U.S.C. §31105(a)(1)(C). The substantive amendments to the STAA now allow for awards of punitive damages. 49 U.S.C. § 31105 (b)(3)(C).
The procedural amendments to the STAA codified the burdens of proof so that the applicable burdens of proof are the same as those under the employee protection provisions of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, 49 U.S.C.§ 42121 (b). See, 49 U.S.C. § 31105(b)(1). The procedural amendments to the STAA also allow an employee/truck driver to pull his case away from the Department of Labor and put it in U. S. District Court with a jury trial.
These are changes that truck safety advocates wanted made to the STAA and they were implemented with no help from DOT or DOL.
I have to wonder whether some of these changes might have been to the STAA years ago if DOT and DOL had done their job and had the report issued by June 2000 as directed by Congress.
Lives might have been saved if the provisions implemented on August 3, 2007, had been implemented 7 years ago.
Notwithstanding the new amendments to the STAA, the mandatory report on the effectiveness of the STAA's whistleblower provisions and recommendations for strenghthening the STAA should still be issued. Additional changes for strengthening the STAA's whistleblower protections for truck drivers should include a provision vesting OSHA with administrative subpoena powers in STAA cases so that unscrupulous trucking companies cannot just thumb their noses at OSHA and frustrate their investigations. Additionally, a provision should be implemented where the recommended decision and order of a DOL administrative law judge become the final order of the Secretary of Labor where the DOL's Administrative Review Board fails to issue a final order within one year after the case is fully briefed. Right now the Administrative Review Board is taking more than 3 years to issue final orders after the ALJ's recommended decisions and orders are issued in cases fully tried on the merits. That is unconsciounable.
Paul Taylor
Truckers Justice Center
900 West 128th Street, Suite 101
Burnsville, MN 55337
Tel. No. 952-224-9166
www.truckersjustice.com
posted by Chuck Demastus at
3:22 PM
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