HOUSTON — A federal administrative law judge has upheld the U.S. Department of Labor’s Occupational Safety and Health Administration’s (OSHA) finding that a Houston crane and rigging company violated federal law by firing a company truck driver on June 5, 2020, for refusing to exceed safe driving limits set by the Federal Motor Carrier Safety Administration.
On May 13, the judge also ordered Crane Masters Inc. to pay the former truck driver $14,945 in back pay, interest and compensatory damages, according to a news release.
The company must also expunge the former employee’s record and post a notice to employees, per the judge’s decision.
An OSHA investigation determined the driver told officials at Crane Masters Inc. that, after working 19 hours on June 4, 2020, it would be unsafe for them to operate a commercial vehicle as they had not gotten the legally required amount of time off before returning to work, according to a news release.
The company responded by terminating the driver, according to court documents.
“Congress enacted the world’s first whistleblower protections in 1778 to ensure that people who come forward to report illegal behaviors or actions don’t suffer for doing what’s right,” OSHA Regional Administrator Eric S. Harbin said. “In this case, Crane Masters Inc. was held accountable for retaliating against an employee who acted responsibly by raising their concerns about endangering themselves and others by operating a commercial vehicle without sufficient rest.”
OSHA found the company fired the employee illegally for exercising their protected rights under the federal Whistleblower Protection Program, and the department’s Regional Solicitor in Dallas presented its case during a formal hearing in Houston on Oct. 14, 2022.
“Once again, the Department of Labor has vigorously enforced the rights of employees who report safety or regulatory violations,” said Regional Solicitor John Rainwater. “Whistleblower rights are crucial to the safety of employees and the public at-large. A federal judge upheld the department’s contention that Crane Masters wrongly retaliated against a hard-working employee for doing what’s right.”
Operating for about 20 years, Crane Masters Inc. provides hydraulic truck cranes and rigging services for the construction, oil and gas, freight transportation and chemical manufacturing industries in the greater Houston area.
OSHA’s Whistleblower Protection Program enforces the whistleblower provisions of more than 20 whistleblower statutes protecting employees from retaliation for reporting violations of various workplace safety and health, airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health insurance reform, motor vehicle safety, nuclear, pipeline, public transportation agency, railroad, maritime, securities, tax, antitrust and anti-money laundering laws and for engaging in other related protected activities.
For more information on whistleblower protections, visit OSHA’s Whistleblower Protection Programs webpage.
Linda Garner-Bunch has been with The Trucker since 2020, picking up the reins as managing editor in 2022. Linda has nearly 40 years of experience in the publishing industry, covering topics from the trucking and automotive industry to employment, real estate, home decor, crafts, cooking, weddings, high school sports — you name it, she’s written about it. She is also an experienced photographer, designer and copy editor who has a heartfelt love for the trucking industry, from the driver’s seat to the C-suite.
