The Surface Transportation Assistance Act (STAA) of 1982 is a landmark U.S. law that significantly improved the nation's transportation infrastructure. By providing federal funding for highway construction, bridge safety, and public transit, the STAA enhanced the efficiency, safety, and sustainability of surface transportation. It also established vital regulations for commercial trucking, ensuring a more reliable and interconnected network, thus fostering economic growth and safer travel.
This law helps protect transportation industry whistleblowers from retaliation for reporting safety violations and other infractions by their employers.
Eligibility for Surface Transportation Assistance Act
To be covered under the Surface Transportation Assistance Act (STAA), one must be a driver, mechanic, freight handler, or individual involved in commercial motor vehicle safety or security, excluding public transportation agencies, or general railroad employees. The STAA applies to commercial vehicles over 10,001 lbs, designed to hold over 10 passengers, or carrying hazardous materials, and covers employees who own, lease or assign such vehicles, excluding government entities.
Activities protected under STAA
Discharge or discrimination for filing a complaint.
- Discharge or discrimination for involvement in a proceeding related to violating commercial motor vehicle safety or security regulations.
- Discharge or discrimination for refusal to operate a vehicle due to violation of regulations.
- Discharge or discrimination for justifiable concern of personal or public injury because of vehicle condition (to qualify, an employee must have sought correction of the hazard from the employer, with no action taken).
- Discharge or discrimination for cooperating or providing information to the Secretary of Transportation, the Secretary of Homeland Security, or the National Transportation Safety Board.
Proving an STAA case
To prove your allegations of a violation under the STAA, a complaint must be filed with the Secretary of Labor through the Occupational Safety and Health Administration (OSHA) no later than 180 days after the alleged violation. The complainant must establish that their engagement in a protected activity was a contributing factor of the unfavorable action taken by the employer. An employer may try to avoid liability by clearly and convincingly demonstrating evidence that the unfavorable action would have been taken in the absence of the protected activity.
Remedies available for STAA Whistleblowers
- Reinstatement with previous seniority and benefits.
- Back pay with interest.
- Compensatory damages, including compensation for special damages, expert witness fees, and reasonable attorneys’ fees.
- Punitive damages in certain cases (not to exceed $250,000).
Contact our Dallas-Fort Worth whistleblower lawyer to discuss remedies available to you
If you are considering reporting misconduct in the transportation industry and fear or have experienced retaliation against you, contact Steve Kardell today via phone at 214-306-8045 or online to schedule a meeting.