In a time when drivers are increasingly undervalued, especially by their own employers, it is necessary to know your rights and stand up for yourself. There are rules in place to help keep drivers safe, but when those safeguards fail, there are avenues for drivers to make their voices heard and hold their companies responsible. Some drivers can’t afford to risk losing their job by reporting issues, some drivers report issues and get no recompense (or a payment so small it’s insulting), but some drivers – a lucky few – receive justice and get paid their due. Or at least, that’s what they thought.
In 2011, two drivers blew the whistle on Star Air, a trucking company based in North Carolina for wrongfully terminating them after they refused to drive with an unsafe load. They reported the incident to OSHA and the case ended up going to court. On December 19th, 2011, the Labor Department’s Administrative Review Board issued a final decision which forced the company to rehire both employees and pay them a total of $612,205 in restitution, back wages, and attorney fees. Star Air has yet to release any funds, nor have they rehired either driver.
The U.S. Department of Labor has just filed a lawsuit in federal court that would enforce the 2011 ruling and hold both Star Air and its owner, Robert Custer, responsible for the fines. The suit is being filed in the U.S. District Court for the Northern District of Ohio, Eastern Division in Akron.
“These drivers were fired for trying to protect themselves and the driving public,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “OSHA will continue to defend America’s truck drivers who are retaliated against by unscrupulous employers when they refuse to drive while fatigued, ill, or in violation of truck weight or hours-of-service requirements.”
If you would like to report an incident to OSHA, you can do so by visiting their website here or you can visit or mail a letter to your local OSHA office.
Next Story: U.S. Trucker Released, Then Detained Again In Mexico
Source: fleetowner
Ray says
The problem with these laws and protection of whistle blowers is they have no teeth. These 2 drivers will lose there homes and there trucks if they are o/o before they collect 1 cent from that company. And that is the way it is everywhere. So be aware, if you report a problem be prepared to be unemployed whether or not it is legal. I am not saying don’t report it but be prepared to lose your job in the process.
mike c says
I agree w/ ray, I reported Pepsi to OSHA after they refused to provide me with proper equipment. 9 months later (statute of limitation) I was fired for a trumped up argument with a customer. My mistake was not getting lawyered up, so I spent the next 7 months struggling to stay employed. OSHA seems to be all we can depend on in these cases. If they can’t defend us, who will?
david says
when i click If you would like to report an incident to OSHA, you can do so by visiting their website here it goes nowere sorta figures maybe osha dont have a website.
TruckersReport News says
David, thanks for pointing that out. It has been fixed to redirect to the correct website.
Roger says
@David. Try using google search, don’t be a goof.
Jim N says
“If they can’t defend us, who will?” Unions. You neeed to think about the teamsters. They may not be you favorite, but they are gonna be better than nothing.
Dan M says
Most likely the company will simply claim bankruptcy and get out from paying these two scum bag snitch type drivers anything. There is nothing worst than a couple low life rats trying to avoid doing there jobs. I’ve seen these two drivers before, always late on deliveries, always complaining where the good drivers end up doing their work. The going statements with us drivers who worked there, should have fired them long ago and it’s good they were sent packing.
Greg Lightning says
I have to agree with Dan…Many times lazy drivers look for any one thing to get out of work and get a big free payday..
If DOT were run like its supposed to we wouldn’t have these issues,why not assign an unbiased DOT paid load inspector or possibly a pic of each load sent out sent to DOT, Or mount a realtime camera sending images of a finished loaded truck to a central DOT database for several officers to view an evaluate…..Eliminate any BS
Oh wait a minute…we spend trillions on the useless war machine , helping illegals go to college an get free everything plus lets not forget all the wonderful welfare babies capable of nothing but procreating …Never mind…we don’t have the money