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Carrier Fined After Firing Driver Who Refused To Violate HOS


T&T Enterprises Trucking Company Fined For Improper Pay And FraudAccording to a press release from OSHA, a Marlborough, Massachusetts, carrier has been fined by the agency for terminating an employee who refused to violate HOS laws.

The press release states that Brillo and Chuck Cappello, owners of Brillo Motor Transportation, terminated a driver in December of 2010 because the driver refused to drive his truck from Quincy to Milford, Mass., because he was already over his allowable driving hours.

The driver filed suit with OSHA.

As a result, OSHA ordered Brillo reinstate the driver and pay him $96,864 in back wages and interest, $9,669 in compensatory damages and $25,000 in punitive damages.  In addition, OSHA has ordered Brillo to pay the employee’s attorney’s fees and expunge the employee’s record.

“An employer does not have the right to take adverse action against an employee who refuses to violate safety regulations designed to protect him and the public,” said Marthe Kent, OSHA’s New England regional administrator. “Such employer activity places the well-being of employees and the public at risk if it intimidates workers into violating the law.”

Brillo has 30 days to file objections or request a hearing with OSHA’s Office of Administrative Law Judges.




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