Social media is “the start of something big” for drivers working together for industry change, “and you have to lead,” attorney Paul Taylor said to drivers and owner-operators during a panel discussion at the inaugural Truck Driver Social Media Convention Oct. 15 in Tunica, Miss.

Taylor discussed Surface Transportation Assistance Act protections from various retaliatory acts drivers may experience. Taylor owes “the success of my law practice to getting the word out about this law” via early trucking social media like the message board Truck.net. The STAA makes it illegal for “any person” to retaliate for a driver’s lawful refusal to violate safety regulations. For instance, he said, “If I have a bald tire, the regulations say I must refuse to drive the truck.”

Given the Compliance, Safety, Accountability (CSA) program’s consideration of all violations in carriers’ and, eventually, drivers’ safety scores, the stakes are high.

Drivers who have been retaliated against for refusing to perpetuate a “reasonably perceived violation of a commercial vehicle safety regulation,” Taylor said, can within 180 days of the incident file a complaint with the Occupational Safety and Health Administration of the Department of Labor. If the DOL rules against the driver, then seek an attorney for your appeal hearing in front of a DOL-employed judge.

Successful cases can result in restitution of employment, correction of information on driver DAC Reports and/or damage payments. Successful cases will depend on drivers’ and owner-operators’ communication of the problem/potential resulting violation the refusal is based on, as well as evidence of the retaliation through photos or recorded conversations. Taylor advised drivers to be aware of consent laws, which vary from state to state, if they’re using a tape recorder.

“The best time to get advice is before something happens,” Taylor said. “It’s a matter of having proof.”