“Ignoring” a truck driver’s concerns about operating a truck while ill or fatigued has the world’s largest building materials manufacturer on the hook for nearly $175,000 in fines and penalties under the Whistleblower Protection Program.
The Occupational Safety and Health Administration investigated whistleblower claims lodged by a former truck driver against W-L Construction and Paving and in September ordered the company to pay back wages and penalties.
Starting in July 2023, an unnamed truck driver notified W-L Construction and Paving that the work assigned would exceed the hours-of-service limits on truck drivers and was not sufficient for rest breaks, according an OSHA news release.
In the two months following the notification, W-L Construction cited the driver for 10 attendance infractions and terminated the driver. According to the press release, three of the absences were protected under the Surface Transportation Assistance Act, dubbed STAA for short.
The truck driver’s absences ranged from an emergency dental procedure on a broken tooth and the subsequent recovery to the driver refusing a call from superiors to return to work after working more than 60 hours in a week.
“The company ignored the driver’s concerns and, for two more months, continued to assign loads and routes the driver refused, fearful of illness or fatigue behind the wheel,” an OSHA news release said.
The truck driver was terminated by W-L Construction and Paving’s general manager on Sept. 27, 2023.
According to the press release, the truck driver contacted human resources and claimed the termination was a result of his HOS complaints. The human resources department changed the termination to a suspension pending an investigation. The driver then was fired on Oct. 2, 2023.
During the OSHA investigation, W-L Construction and Paving’s human resources department claimed that the truck driver had been terminated due to attendance issues.
“(The truck driver) was terminated after he was determined to have a total of 10 attendance infractions (absences, tardies, leaving early) from July-September 2023. Of those 10 infractions, OSHA finds that three infractions were absences related to protected refusals to drive under (Surface Transportation Assistance Act),” the OSHA news release states. “Respondent’s policy is that an employee’s employment can be terminated after three ‘consecutive’ absences or no-shows absent proper notification of a supervisor. Respondent does not consistently enforce this policy. Moreover, Complainant never had three consecutive absences or no-shows absent proper notification of a supervisor. Rather, he notified his supervisor when he was going to be late or absent.”
The Occupational Safety and Health Administration issued its ruling on a whistleblower case on Sept. 11. The ruling ordered W-L Construction and Paving Inc. to reinstate the truck driver, pay $58,000 in back wages and interest, $115,700 in compensatory damages and $10,000 in punitive damages.
OSHA went so far in the news release as to state that agency officials believe the truck driver and his family suffered tremendously from the motor carrier’s “illegal conduct.”
“When (the truck driver) brought the apparent STAA violation, i.e., the initial termination which was then changed to a suspension, to HR’s attention, HR had every opportunity to research the legality of their actions,” the new release states. “HR failed to correct the violation and terminated (the truck driver) in violation of STAA anyway. This is a wanton disregard for the rights of employees.”
The motor carrier has 30 days to file an objection.
What is the Surface Transportation Assistance Act?
The Surface Transportation Assistance Act, or STAA, provides whistleblower protection to certain employees, including truck drivers.
OSHA’s Whistleblower Protection Program enforces those protections for employees who have been retaliated against for engaging in protected activities.
Forms of retaliation include:
- Firing or laying off
- Demoting
- Denying overtime or promotion
- Disciplining
- Denying benefits
- Failing to hire or rehire
- Intimidation or harassment
- Making threats
- Reassignment to a less desirable position or actions affecting prospects for promotion (such as excluding an employee from training meetings)
- Reducing or changing pay or hours
- More subtle actions, such as isolating, ostracizing, mocking or falsely accusing the employee of poor performance
- Blacklisting (intentionally interfering with an employee’s ability to obtain future employment)
- Constructive discharge (an employee quitting when an employer makes working conditions intolerable due to the employee’s protected activity)
- Reporting or threatening to report an employee to the police or immigration authorities
Many cases involving whistleblower claims hinge on detailed documentation of the alleged retaliation. For more information or to file a complaint under the Whistleblower Protection Program, click here. LL
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