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According to the announcement on November 18, after dismissing a former employee in June 2020, Houston Mobile Crane Leasing Company was ordered to pay nearly $24,000 in arrears of wages, interest and compensation for refusing to drive beyond federal limits and reporting fatigue. Occupational Safety and Health Administration (OSHA).

The agency determined that Crane Masters Inc. retaliated against the employee on June 5, 2020 because the employee refused to exceed the safe driving restrictions set by the Federal Motor Transportation Safety Administration (FMCSA), and therefore the company violated the Ground Transportation Assistance Law".

According to OSHA, the employee had worked 19 hours the day before and could not get the prescribed vacation time before returning to work, so it was unsafe to drive the vehicle. The agency ordered the company to pay drivers nearly $14,000 in arrears of wages, interest, and compensatory damages, as well as $10,000 in punitive damages. 

"Commercial truck drivers, mechanics and other workers are vital to our country’s transportation infrastructure and our economy, but they should not be forced to put themselves or others in danger or be afraid because of employers’ concerns about profits. Retaliation for exercising legal rights," OSHA's Dallas area administrator Eric Harbin said in an agency statement.

OSHA, through its whistleblower protection program, implements whistleblower provisions in more than 20 federal regulations to protect employees from reporting violations of occupational safety and health (OSH) laws, Federal Airlines, anti-money laundering, antitrust, and commercial vehicles. Retaliation carriers, consumer products, environment, financial reform, food safety, health insurance reform, motor vehicle safety, nuclear, pipeline, public transportation, railway, maritime, securities and tax laws.

OSHA accuses whistleblowers of retaliating against truck manufacturers

 OSHA separately announced that the attorney's office of the Department of Labor filed a lawsuit in the U.S. District Court for the Eastern District of Texas on November 17, accusing PACCAR Inc., which conducts business under Peterbilt Motor Co., for violating the anti-retaliation provisions of the OSH Act.

The agency said that Pekka fired an employee who expressed concern about the safety of the coronavirus at the company's Denton, Texas plant. In March 2020, the employee expressed his concern about exposure to the virus in the facility to his supervisor. The company representative told the employee that the company plans to clean up the work space and work as usual. Pekka later learned that the employee had publicly expressed concerns about the safety of other employees and the company's response, and the company fired the employee.

The Department of Labor requires the court to order Pekka to restore the employee to his previous job at the company, pay wages, interest, compensatory and punitive damages, and other remedial measures, and clear the employee's personnel records.

Harbin said: "Our investigation found that Pekka fired a worker because they reported their concern that the company's response to the dangers of the coronavirus could not stop its spread." "Every worker has the right to report any form of safety. Problems without worrying about retaliation."

According to OSHA, PACCAR Inc., headquartered in Bellevue, Washington, is one of the world's largest manufacturers of medium and heavy trucks. The company also designs and manufactures Kenworth, Peterbilt, Leyland Trucks and DAF brand trucks.

Environment, Health and Safety (EHS) is often seen by some workers and executives as just a checkbox on the induction training list. As we all know, the truth is very different. As an EHS professional, you are passionate about your work: make sure everyone on the job site or in the facility [...]

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  Learn about the best way to handle employee refusals to wear masks and the best response for your company. Access your free copy here.

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