Purpose and scope

Under 1978.100(a) the purpose of Part 1978 is to set forth the procedures for, and interpretations of, the employee protection (whistleblower) provision of the Surface Transportation Assistance Act (STAA).

• This means the part explains how the STAA protects employees from retaliation related to commercial motor vehicle safety, health, or security matters.
• See 1978.100(a) and the general 1978 part page for the full statement of purpose.

Under 1978.100(a) the STAA whistleblower provision protects employees from retaliation if they have engaged in, or are perceived to have engaged in, protected activity related to commercial motor vehicle safety, health, or security matters.

• Protection covers actual and perceived protected activity as stated in the text.
• See 1978.100(a) for the specific wording.

Under 1978.100(b) retaliation complaints may be filed by employees or by persons acting on their behalf.

• That means an employee can file a complaint directly or authorize someone else (for example, a representative or agent) to file for them.
• See 1978.100(b).

Under 1978.100(b) Part 1978 establishes procedures for the expeditious handling of STAA retaliation complaints including complaint submission, investigations, issuance of findings and preliminary orders, objections to findings and orders, litigation before administrative law judges (ALJs), post-hearing administrative review, and withdrawals and settlements.

• The part also includes interpretations of STAA.
• See 1978.100(b) for the list of procedures.

Under 1978.100(b) the rules in Part 1978 work together with the procedural rules codified at 29 CFR part 18 to set forth the full complaint, investigation, and hearing procedures.

• This means you must consider both Part 1978 and the rules in 29 CFR part 18 when following the formal process.
• See 1978.100(b).

Under 1978.100(a) protected activity is any activity pertaining to commercial motor vehicle safety, health, or security matters that an employee has engaged in or is perceived to have engaged in.

• The text defines the scope by topic (commercial motor vehicle safety, health, or security), not by an exhaustive list of actions.
• See 1978.100(a) for the statutory scope statement.

Under 1978.100(b) Part 1978 does include interpretations of the STAA as part of the rules governing complaint handling.

• Those interpretations are issued to clarify how the whistleblower protections and procedures apply.
• See 1978.100(b).

Under 1978 the Subpart A title is 'Complaints, Investigations, Findings, and Preliminary Orders,' and it focuses on the procedures for handling retaliation complaints under the STAA.

• Subpart A outlines the processes from filing a complaint through investigation, findings, and preliminary orders.
• See the 1978 part page and 1978.100 for the subpart title and scope.

Under 1978.100(a) the STAA protects employees who are perceived to have engaged in protected activity as well as those who actually engaged in it.

• This means an employer cannot lawfully retaliate based on a reasonable belief or allegation that an employee engaged in protected conduct, even if the employee did not in fact do so.
• See 1978.100(a).

Under 1978.100(b) withdrawals and settlements are explicitly included as part of the procedures covered by this part.

• The rules address how complaints may be withdrawn and how settlements are handled within the administrative process.
• See 1978.100(b).

Under 1978.100(b) this part provides for litigation before administrative law judges (ALJs) as part of the complaint resolution process.

• That means contested matters can proceed to an ALJ hearing under the procedures described in this part (and applicable rules in 29 CFR part 18).
• See 1978.100(b).