Subpart A
The term "Act" refers to the Surface Transportation Assistance Act of 1982 (STAA), as amended. This is the foundational law governing the employee-protection provisions addressed in this part; see 1978.101(a).
The "Assistant Secretary" means the Assistant Secretary of Labor for Occupational Safety and Health or any person to whom that official has delegated authority under the STAA. That definition determines who may act on behalf of OSHA for these procedures; see 1978.101(b).
Business days are counted as days other than Saturdays, Sundays, and Federal holidays. Use that definition when computing filing and response deadlines in STAA procedures; see 1978.101(c).
A "commercial motor carrier" is any person engaged in a business affecting interstate commerce (or commerce between a State and a place outside it) who owns or leases a commercial motor vehicle in that business, or assigns employees to operate such a vehicle. That definition determines who can be an employer or respondent under the STAA; see 1978.101(d).
A "commercial motor vehicle" is defined by reference to 49 U.S.C. 31101(1), meaning vehicles covered by that federal transportation statute (for example, many trucks and buses used in interstate commerce). Use this cross-reference when determining whether a vehicle is covered under STAA protections; see 1978.101(e).
The "complainant" is the employee who filed a STAA complaint or on whose behalf a complaint was filed. This term identifies the person asserting retaliation protections under the Act; see 1978.101(f).
For purposes of certain procedures, a "complaint" includes both written and oral complaints to employers, government agencies, and others. That means an oral report to a supervisor or agency can trigger STAA processes referenced in 1978.102(b)(1) and 1978.101(g).
An "employee" is someone who directly affects commercial motor vehicle safety or security in the course of employment by a commercial motor carrier and who is not a Government employee; this includes drivers (including independent contractors when personally operating a commercial motor vehicle), mechanics, freight handlers, former employees, and applicants for such work. See 1978.101(h) and its subparts 1978.101(h)(1), 1978.101(h)(2), and 1978.101(h)(3).
An "employer" is a person engaged in business affecting commerce who owns or leases a commercial motor vehicle in connection with that business or assigns an employee to operate the vehicle in commerce, but it does not include the Federal Government, a State, or a political subdivision of a State. This definition determines who may be liable for prohibited retaliation; see 1978.101(i).
In this Part, "OSHA" means the Occupational Safety and Health Administration of the U.S. Department of Labor. OSHA is the agency that handles complaint intake and investigation for STAA retaliation matters; see 1978.101(j).
A "person" can be one or more individuals, partnerships, associations, corporations, business trusts, legal representatives, or any other organized group of individuals. This broad definition determines who may be a party in STAA proceedings; see 1978.101(k).
The "respondent" is the person alleged to have violated 49 U.S.C. 31105 (the anti-retaliation provision). In practice, the respondent is the party against whom retaliation allegations are made; see 1978.101(l).
The "Secretary" refers to the Secretary of Labor or persons to whom the Secretary has delegated authority. This identifies the official with ultimate responsibility under the STAA procedures; see 1978.101(m).
The term "State" includes a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. Use that definition when the rules refer to state-level entities or exclusions; see 1978.101(n).
Any future statutory amendments that change a listed definition will automatically apply instead of the definition in this section. In other words, the Part defers to later changes in the underlying statutes; see 1978.101(o).
Yes—an independent contractor can be treated as an "employee" for STAA protection when they are personally operating a commercial motor vehicle and their actions directly affect vehicle safety or security. The regulation explicitly includes independent contractors in the definition of employee when personally operating a commercial motor vehicle; see 1978.101(h).
A company is covered if it engages in business affecting interstate commerce (or commerce between a State and a place outside it) and either owns or leases a commercial motor vehicle for that business or assigns employees to operate such a vehicle. That combination of commerce connection and vehicle ownership/assignment makes the business an "employer" or "commercial motor carrier" under STAA; see 1978.101(d) and 1978.101(i).
Yes—an oral complaint to an employer (for example, telling your supervisor) can be treated as a "complaint" for purposes of certain STAA procedures and related deadlines referenced in 1978.102(b)(1) and 1978.101(g). Make sure to document when and to whom you reported the concern to preserve evidence of the complaint.
No—employees of the United States Government, a State, or a political subdivision of a State acting in the course of employment are excluded from the STAA "employee" definition. That means those government workers are not covered under this Part; see 1978.101(h)(2).
Yes—the definition of "employee" expressly includes individuals who formerly performed the covered work and applicants for such work, so former employees and applicants can be protected under the STAA when the facts fit; see 1978.101(h)(3).
Count only weekdays that are not Federal holidays—exclude Saturdays, Sundays, and Federal holidays—when a deadline is given in business days. This is the definition of "business days" in 1978.101(c), and it applies when using filing timing rules such as those in 1978.102(e)(1).
While the regulation refers to the statutory definition in 49 U.S.C. 31101(1), the term generally covers vehicles used in commercial transport—such as trucks and buses—when used in connection with commerce and the employer's business. Use 1978.101(e) as the starting point and consult the cited statute for precise vehicle thresholds and specifics.