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OSHA orders trucking company to stop retaliating against drivers

OSHA officials said the agency determined that the attendance policy of Oak Harbor Freight Lines punishes drivers by issuing them notices of "occurrences," which can result in disciplinary action or termination for failing to drive, regardless of possible safety concerns. (The Trucker file photo)

The Trucker News Services

1/6/2014

PORTLAND, Ore. – The Occupational Safety and Health Administration has ordered Oak Harbor Freight Lines Inc. to compensate a worker who refused to drive in violation of safety regulations.

OSHA has also ordered the trucking company, based in Auburn, Wash., to stop retaliating against workers who refuse to drive trucks while too ill or fatigued to safely operate vehicles at its facilities.

A commercial truck driver working for the company in Portland was suspended without pay indefinitely before being fired in September 2010 in retaliation for refusing to drive in violation of the Ill or Fatigued Operator Rule enforced by the Federal Motor Carrier Safety Administration. OSHA's investigation found the driver had notified the company that he was sick and taking a prescribed narcotic cough suppressant. Upon his termination, the worker filed a whistleblower complaint under the Surface Transportation Assistance Act, which protects drivers from retaliation for refusing to violate truck safety laws that protect them and the public.

"Punishing workers for exercising their right to refuse driving assignments is against the law," said David L. Mahlum, OSHA's acting regional administrator in Seattle. "A company cannot place its attendance policies ahead of the safety of its drivers and that of the public."

OSHA officials said the agency determined that the attendance policy of Oak Harbor Freight Lines punishes drivers by issuing them notices of "occurrences," which can result in disciplinary action or termination for failing to drive, regardless of possible safety concerns.

OSHA is requiring the employer to compensate the employee for lost wages and has ordered the company to remove any occurrences from the driver's personnel file. The employer will also be required to post a notice for drivers to read and learn about their lawful rights under the STAA.

According to the FMCSA website, Oak Harbor Freight Lines has 576 power units and 714 drivers.

The carrier has very low CSA scores, has not in the past 24 months had a driver put out of service. It’s vehicle OOS is half the national average.

OSHA enforces the whistleblower provisions of the STAA and 21 other statutes protecting employees who report violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health-care reform, nuclear, pipeline, worker safety, public transportation agency, maritime and securities laws.

Employees who believe that they have been retaliated against for engaging in protected conduct may file a complaint with the secretary of labor to request an investigation by OSHA's Whistleblower Protection Program. Detailed information on employee whistleblower rights, including fact sheets, is available at www.whistleblowers.gov.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

The U.S. Department of Labor does not release names of employees involved in whistleblower complaints.

The Trucker staff can be reached to comment on this article at editor@thetrucker.com.

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