Before me for review is the Recommended Decision and Order (R.D. and O.) issued, on August 4, 1987, by Administrative Law Judge (ALJ) George A. Fath in the above-captioned case which arises under the employee protection provision of the Surface Transporation Assistance Act of 1982 (STAA), 49 U.S.C. app. § 2305 (1982).

    Complainant Price alleges that he was discharged from his position as a truck driver for Respondent because he refused to accept an assigned trip after he had driven an excess amount of hours without the required rest and when he was too fatigued to operate his vehicle safely. The ALJ, crediting the testimony of Respondent's witnesses to the effect that "Complainant was given an opportunity to sleep for at least eight hours before the scheduled delivery was to be made," R.D. and O. at 6, recommended that Price's complaint be denied.

    Based on a thorough review of the record, I conclude that the ALJ's findings are supported by substantial evidence. 51 Fed. Reg. 42,091 (1986) (to be codified at 29 C.F.R. Part 1978); see § 1978.109(c)(3). As the Secretary noted in Palmer v. Western Truck Manpower, Case No. 85-STA-6, issued January 16, 1987:

Where the standard of review of an ALJ decision is whether the findings of fact are supported by substantial evidence in the record as a whole, the ALJ's credibility determinations will not be disturbed by the reviewing authority unless they 'conflict with a clear preponderance of the evidence' or 'are 'inherently incredible and patently unreasonable'." Cordero v. Triple A Machine Shop, 580 F.2d 1331, 1335 (9th Cir. 1978).

Slip op. at 7. Inasmuch as the ALJ's credibility determinations neither conflict with the clear preponderance of the evidence nor are patently incredible or unreasonable, I accept them. I therefore, find that Respondent did not require Complainant to drive without adequate rest or when Complainant was fatigued. Accordingly, Complainant Price's complaint is DENIED and this case is DISMISSED.

    SO ORDERED.

       DENNIS E. WHITFIELD
       Deputy Secretary of Labor

Washington, D.C.