OSHA Issues Final Rule on Whistleblower Protections under the Surface Transportation Assistance Act | Practical Law

OSHA Issues Final Rule on Whistleblower Protections under the Surface Transportation Assistance Act | Practical Law

The Occupational Safety and Health Administration (OSHA) has issued its final rule on whistleblower protections under the Surface Transportation Assistance Act of 1982 (STAA), as amended by the 9/11 Commission Act of 2007.

OSHA Issues Final Rule on Whistleblower Protections under the Surface Transportation Assistance Act

by PLC Labor & Employment
Published on 27 Jul 2012 • USA (National/Federal)
The Occupational Safety and Health Administration (OSHA) has issued its final rule on whistleblower protections under the Surface Transportation Assistance Act of 1982 (STAA), as amended by the 9/11 Commission Act of 2007.
On July 26, 2012, OSHA issued the final rule on whistleblower protections under the Surface Transportation Assistance Act of 1982 (STAA). The STAA protects whistleblowing activities by workers in the railroad, public transit, commercial motor carrier and consumer product industries. The new rule implements the changes to the whistleblower provisions of the STAA that were made by the 9/11 Commission Act of 2007.
The changes made by the 9/11 Commission Act, which are part of the new rule, include expanding the definition of protected activities to include complaints or proceedings related to commercial motor vehicle safety and security. Previously, the STAA only protected whistleblowing about commercial motor vehicle safety.
The 9/11 Commission Act also prohibits retaliation against an employee because of his:
  • Perceived involvement in filing a complaint or bringing a proceeding regarding a safety or security violation.
  • Accurate reporting of hours on duty.
  • Cooperation or perceived cooperation with a safety or security investigation by the federal government.
The 9/11 Commission Act also provides that whistleblower complaints protected by the STAA will be governed by the legal burden of proof that applies to employees in the aviation industry, which means that:
  • Unlawful retaliation will be found only when the protected activity was a contributing factor in the adverse action against the employee.
  • The employer must show by clear and convincing evidence that it would have taken the same adverse action against the employee in the absence of the protected activity.
Finally, the 9/11 Commission Act permits more damages awards to whistleblowers, such as interest on backpay and compensation for special damages, including litigation costs and attorney fees.
The final rule allows employees to file their whistleblower complaints by phone or in writing within 180 days of the alleged violation of the STAA.
Since more activities are protected from retaliation, OSHA's final rule will likely lead to more whistleblower litigation for commercial transportation employers.