Mark Schremmer
When it comes to trucking regulations, many create additional hardships for truck drivers.
However, there’s a seldom-discussed regulation on the books specifically designed to protect the driver. It’s called the Coercion Rule.
The Federal Motor Carrier Safety Administration recently issued a list of Frequently Asked Questions “to help truck drivers understand how they might be coerced to violate safety regulations and what they can do if they believe they have been coerced.”
An abbreviated list of FMCSA’s FAQ is included below:
What is the purpose of the Coercion Rule?
The Coercion Rule, 49 CFR 390.6, is designed to protect commercial motor vehicle drivers from being pressured to violate the Federal Motor Carrier Safety Regulations by motor carriers, shippers, receivers, and transportation intermediaries (brokers) and their agents, officers, or representatives.
What types of actions count as coercive or adverse employment actions?
Under the FMCSRs, employers are prohibited from withholding business, employment or work opportunities from a driver, taking or permitting any adverse employment action against a driver, or threatening to do any of these things. These actions could include, but are not limited to termination, withholding business, economic penalties and scheduling retaliation.
If I feel I have been coerced, what can I do?
FMCSA recommends that drivers keep records, file a complaint with FMCSA within 90 calendar days, and to include all the necessary information in the complaint.
Can my employer retaliate against me for filing a complaint?
No, employers are prohibited from retaliating against employees under federal law for filing a coercion complaint (49 U.S.C. 31105). Under 49 CFR 386.12(c)(3), FMCSA makes every practicable effort to protect drivers who allege retaliation by their employers.
If a driver needs more information about filing a written complaint, he or she can call 1-888-DOT-SAFT (1-888-368-7238).
