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:
- The National Consumer Complaint Database at http://nccdb.fmcsa.dot/gov
- The
FMCSA Division Administrator for the State where the driver is employed at
http://www.fmcsa.dot.gov/mission/field-offices
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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