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Truckers and certain employees involved in inter-state commercial motor
vehicle operation are protected under Section 405 of the Surface Transportation Act for:
- Filing safety or health complaints to a regulatory agency relating to a commercial motor
vehicle safety rule, regulation, standard, or order
- Instituting or causing to be instituted any proceedings relating to a violation of a
commercial motor vehicle safety rule, regulation, standard, or order
- Testifying in any such proceedings relating to the above items
- Refusing to operate a vehicle when such operation constitutes a violation of any Federal
rules, regulations, standards, or orders applicable to commercial motor vehicle safety or
health, or because of the employee's reasonable apprehension of serious injury to himself
or the public due to the unsafe condition of the equipment.
Complaints under Section 405 are filed in the same manner
as Section 11(c). The filing period for Section 405 is 180 days from the alleged
discrimination, rather than 30 days as under Section 11(c). |
