Tag Archives: OSHA’s Final Rule

OSHA’s Final Rule Implementing Whistleblower Protections of Surface Transportation Assistance Act Impacts Employers That Own, Lease, or Operate Commercial Motor Vehicles

by Allen B. Roberts and Michael J. Slocum

Under a final rule (“Final Rule”) issued by the Occupational Safety and Health Administration (“OSHA”), commercial motor carriers that own or lease a vehicle in a business affecting interstate commerce or assign employees to operate such a vehicle are impacted by Surface Transportation Assistance Act of 1982 (“STAA”) whistleblower protections available to drivers of commercial motor vehicles (including independent contractors when personally operating a commercial motor vehicle), mechanics, and freight handlers, as well as others who directly affect commercial motor vehicle safety or security in the course of employment. OSHA explained that the Final Rule, issued and published in the Federal Register on July 27, 2012, implements amendments to the STAA made by the Implementing Recommendations of the 9/11 Commission Act of 2007 (the “9/11 Commission Act”), and also seeks to “clarify and improve OSHA’s procedures for handling STAA whistleblower claims, as well as to set forth interpretations of STAA.”  

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