Truck driver fired for raising concerns about fatigued driving to be reinstated, paid $184K, feds say

A construction company has been ordered to reinstate and compensate a truck driver who was fired after raising concerns about fatigued driving, according to federal authorities.

A truck driver working for W-L Construction & Paving Inc. was illegally fired in September 2023, according to a September 16 announcement from the Occupational Safety & Health Administration (OSHA).

OSHA ordered the company to reinstate the truck driver and pay them $58,318.25 in back wages and interest, $115,694 in compensatory damages, $10,000 in punitive damages, and attorney’s fees.

Officials say that in July 2023, the truck driver notified W-L Construction & Paving that their assigned work would exceed federal safety requirements for sufficient rest breaks and limits on how many hours commercial drivers are on duty.

“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,” OSHA said.

After 10 “attendance infractions,” the truck driver was terminated.

OSHA investigators determined that 3 of the 10 attendance infractions were protected under the Surface Transportation Assistance Act, which makes it illegal to fire or discipline a worker who refuses to operate a vehicle in violation of commercial vehicle safety regulations.

“W-L Construction & Paving Inc. illegally retaliated against an employee who raised legitimate concerns about their ability to meet the company’s demands without jeopardizing their safety or that of others,” said OSHA Regional Administrator Michael J. Rivera in Philadelphia. “Our nation’s supply chain and economy depend on commercial drivers operating their rigs safely to deliver their cargo. OSHA will hold employers accountable when they ignore workers’ concerns about their safety and that of others. Workers should know speaking freely without fear of retaliation when safety is compromised is protected right under federal law.”

You can click here to learn more about OSHA’s Whisteblower Protection Program.