OSHA has fined North Carolina-based Gaines Motor Lines $1.07 million for allegedly firing four of its truck drivers for providing information to aid an FMCSA safety audit. OSHA also named two executives of Gaines Motor Lines in its fine. The OSHA order alleges that the company violated the whistleblower protection provision of the Surface Transportation Assistance Act by firing the four employees.
From February 28th through March 1st, the FMCSA was conducting an onsite compliance review and interviewed each of the four drivers. Once the findings of the review were released and citations were issued against Gaines Motor Lines, all four drivers were fired.
The total fine of $1.07 million includes back pay wages, interest, compensatory damages, and a whopping $675,000 in punitive damages.
Three drivers have been preliminarily reinstated, while the fourth died earlier this year.
For more information on the OSHA whistleblower provision, check out this OSHA Fact Sheet.
Next Story: Highway Fatalities Rose 8.9% Last Year
Source: overdrive, fleetowner
Image Source: beyond
this is happening every where,i was terminated cause i was made to drive a truck that had an exhaust leak and i ended up in the hospital with co2 poisoning,now suffer with vertigo and have not been able to work cause of dizzy spells.was told i was being terminated cause i was out of work 26 weeks and they also terminated my insurance.
James, and all else this is happening to,
I’m sorry. We are going through the same thing too. It continues to amaze me how little integrity some companies have. I hope you are well soon., and will follow these drivers in filing a suit.
I’m not a trucker, but in my line of work I converse with drivers every day. I hear similar stories may times. While I know that not all companies are like that, and I don’t even believe that the majority are like that, there are definitely many that are. I think its horribly wrong to expect an employee to operate an unsafe vehicle or operate outside the law (no matter how completely and utterly stupid the new law is), or fire them when they refuse, or when they help keep the industry safe by reporting violations and cooperating with safety authorities.
I was fired from a job I had for near 6 years. The company said it was for a complaint about my driving but then told me next time I should not contact O.S.H.A. O.S.H.A. has been conducting an investigation for almost a year, and there is no guarantee that I will get anything not even my job back. The government makes laws and puts in safety clauses to protect employees, but when you get fired they take for ever in at all to stand by you. I see first hand why employers get away with safety issues, because employees can’t report them because they can’t afford to loose there jobs. I am now working for less money, with more out of pocket expense’s and there is nothing I can do about it. Someone tell me the benefits in reporting safety issues if you loose your job. I even contacted the NYS dept. of labor and lawyers. I was told it was not profitable for them to sue since NY is not a forced employment state so my only recourse was to let O.S.H.A. look in to it and except what ever they decide. Nice rite, the safety issues I reported probably saved lives or injuries, but now I’m loosing. I know in the future I’ll let people get injured or killed before I report anything.
a study was completed last year and it was given as the one reason why union drivers have a safer driving record. the ability to refuse to drive unsafe equipment AND NOT lose your job.
for the life of me i can not understand why otr drivers would rather job jobs then organize and have a good job with representation.
At least truck drivers are finally contacting the right government agencies that can help them. That would be the Labor Board and OSHA.
To any driver that has a similar problem as the 4 in this article, under no circumstances should you call D.O.T WITH YOUR PROBLEM!!
D.O.T. will not help you with your problem. They will come after you.
The trucking industry isn’t a very friendly world…
well I was terminated my dispatcher said the reason was lack of work yet they hired 3drivers the day after I left. THE REAL REASON I would not kiss her ass. I have more respect for myself than that