Monday, 22 January 2018

Know Your Right - ELD Rule Against Harassment



Definition Of Harassment In ELD Rule

An action by a motor carrier towards one of its drivers that would result in driver violating Hour Of Service Rules in 49 CFR 395 or 49 CFR 392.3. The Harassment Rule prohibits fleets from having their drivers work when their ability or alertness is impaired due to fatigue or illness.

The action must be considered harassment when information is available to motor carrier with an ELD device or similar technology.


Preventing Harassment

The ELD Rule by FMCSA offers several provisions to help prevent harassment:

  • Carriers are prohibited from harassing drivers

  • A process/platform is offered for written complaints can be filed by drivers

  • ELD Mute function can be evoked so driver can rest uninterrupted in sleeper berth

  • Anti-tampering functions are also included in ELD Harassment Rule

  • Limited editing ability by motor carrier or driver

  • Driver certification required for ELD record editing done by fleet manager

  • Original ELD record retention even after editing is done

Penalties
Any fleet that is responsible for harassing the driver is subject to a civil penalty for harassment along with penalty for HOS Violation.

How To Report Harassment

Reporting harassment has a proper process through different portals. A driver who believes he/she has been the victim of harassment can file the complaint within ninety days of the incident by using:


Coercion

FMCSA prohibits coercion of drivers that is different yet broader than harassment. Other transportation intermediaries such as brokers, shippers, motor carriers and receivers can also be involved parties in Coercion.

Coercion can be used as a threat to take actions on their employment status, withhold business or work opportunities from drivers or get them indirectly to violate FMCSA regulations.

Threats and blackmails used to punish drivers who refuse to violate the rules also constitutes coercion. According to the ELD Rule against harassment, fleet cannot coerce drivers to falsely certify his\her data entries or record of duty status.

Whistleblower Protection

Drivers can get assistance regarding harassment with the Department of Labor’s Whistleblower Law at  http://www.whistleblowers.gov.


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