Thanks to The U.S. Department of Labor’s Occupational Safety and Health Administration, a trucker will be awarded thousands in back wages and damages.
In Boston, Massachusetts, a truck driver was fired by his employer when he refused to violate HOS regulations during his delivery.
The incident occurred in August of 2012. According to the lawsuit, NFI Interactive Logistics Inc. of Cherry Hill, New Jersey, assigned the driver to deliver a load of Poland Spring bottled water. The trucker was instructed to haul the water from Northboro to Jersey City, New Jersey.
According to MassLive, at that time, a severe thunderstorm, flooded roads, crashes on the route and heavy traffic made his trip much longer than expected. The truck driver believed that he lacked enough time to deliver his haul without violating HOS restrictions.
Because of the situation, the driver decided to deliver the load to a closer customer facility which was located in Kearny, New Jersey. The truck driver made arrangements to have another NFI driver take to load to New Jersey City. The plan was approved by both the customer and NFI.
The load was delivered, and the truck driver returned without posing a risk or violating HOS.
However, the next day, the trucker’s employer fired him for insubordination.
The trucker filed a whistle-blower complaint with OSHA. OSHA found that NFI violated the anti-retaliation provisions of the Surface Transportation Assistance Act.
Kim Stille, OSHA’s New England regional administrator stated:
“This driver found a way to do his job and ensure motor carrier safety. Rather than receiving credit for doing the right thing, he received a pink slip.”
She furthered:
“The law is clear: Drivers have the right to raise legitimate safety concerns to their employer – including refusing to violate safety regulations – without fear of termination or other retaliation. NFI must reverse its actions and compensate this driver for the financial and other losses he has suffered as a result of his illegal termination.”
NFI was ordered to rehire the driver, and he was paid $276,000 in back wages, legal fees, and damages.
