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Question:
What is the FMCSA's definition of Harassment and how is it prevented?
Answer:
FMCSA defines harassment as an act= ion by a motor carrier toward one of its drivers that the motor carrier kne= w, or should have known, would result in the driver violating hours-of-serv= ice (HOS) rules. These rules prohibit carriers from requiring drivers to dr= ive when their ability or alertness is impaired due to fatigue, illness, or= other causes that compromise safety. Technical provisions that address harassment include a mute function = to ensure that a driver is not interrupted in the sleeper berth
FMCSA explicitly prohibits a motor carrier from harassing a driver, and= provides that a driver may file a written complaint if the driver was subj= ect to harassment.
A motor carrier can only be found to have committed harassment if the d= river commits a specified underlying hours-of-service (HOS) violation based= on the carrier's actions and there is a connection to the electronic loggi= ng device (ELD). Adverse action against the driver is not required, because= the driver complied with the carrier's instructions. = p>
Coercion: In contrast, coerc= ion is much broader in terms of entities covered, and addresses the threat = to withhold work from or take adverse employment action against a driver in= order to induce the driver to violate a broader range of regulatory provis= ions or to take adverse action to punish a driver for the driver's refusal = to operate a commercial motor vehicle (CMV) in violation of the specified r= egulations. Unlike harassment, coercion does not have to result in the driv= er being in violation of the regulations and does not have to involve the u= se of an ELD.