"Reasonable apprehension," as interpreted by the DOL and the courts, means that a reasonable person in the same situation would reach the same conclusion-namely, that the unsafe condition establishes a real danger of accident, injury or serious impairment to health. The driver has to have asked the employer to correct the problem.The refusal has to be based on a " reasonable apprehension" that operation of the vehicle would present a genuine safety hazard to the driver and/or members of the public.However, two very important conditions must be met: Many cases have upheld drivers' right to refuse to drive unsafe equipment. Many activities can trigger protection under the STAA, including, complaining to management about truck safety, filing a grievance about vehicle safety, advising other drivers about DOT regulations, discipline or retaliation over running times, refusing to drive or delays because of bad weather, or refusing to drive in violation of posted speed limits. With any law, we need to know the extents and limits of our rights and the Do's and Don'ts of enforcement. The Surface Transportation Assistance Act (STAA) protects drivers' rights to enforce truck safety by making it illegal for a company to discipline, discharge or discriminate against an employee for making a vehicle safety complaint or refusing to operate an unsafe vehicle.
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