The U.S. Department of Labor’s Occupational Safety and Health Administration ordered NFI Interactive Logistics to reinstate the driver and pay $276,870 in damages for violating the anti-retaliation provisions of the Surface Transportation Assistance Act.
Trucking operator NFI Interactive Logistics has violated the anti-retaliation provisions of the Surface Transportation Assistance Act (STAA) by firing a driver for refusing to violate federal safety regulations, according to an investigation by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA).
OSHA said in a statement the truck driver was concerned he would not have enough time to deliver his load of Poland Spring bottled water and return home without running afoul of hours of service restrictions contained in the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration regulations. The driver was significantly delayed by a severe thunderstorm in the area that caused flooding and accidents along his route between Northborough, Mass. and Jersey City, N.J.
As a solution, the driver delivered the load to a closer customer facility in nearby Kearny, N.J., at which point NFI dispatched a second driver to bring the shipment from Kearny to Jersey City. Despite the load being delivered and the driver returning home without violating hours of service restrictions, NFI objected to the driver’s decision and fired him the next day for insubordination, OSHA said.
“This driver found a way to do his job and ensure motor carrier safety. Rather than receiving credit for doing the right thing, he received a pink slip,” said Kim Stille, New England regional administrator for OSHA. “The law is clear: Drivers have the right to raise legitimate safety concerns to their employer – including refusing to violate safety regulations – without fear of termination or other retaliation.
“NFI must reverse its actions and compensate this driver for the financial and other losses he has suffered as a result of his illegal termination.”
As a result of the investigation, OSHA is ordering NFI to:
• Immediately reinstate the driver to his former position, with all rights, seniority, pay raises and benefits to which he was entitled absent the discharge;
• Pay the driver $126,870 in back pay and interest covering the period from August 17, 2012 to June 7, 2016, plus additional amounts accruing up to the day the company makes the driver a bona fide offer of reinstatement;
• Pay him $50,000 in compensatory damages for pain and suffering, including emotional distress, depression, mental pain, humiliation and embarrassment;
• Pay him $100,000 in punitive damages and also pay his reasonable attorney fees;
• Expunge from all of its files any reference to the discharge, or the driver’s exercise of his rights under STAA;
• Make no adverse statements about the driver’s termination and/or any of the facts at issue in this case in response to any inquiry regarding his employment with NFI;
• Not retaliate against the driver in any manner for his instituting or causing to be instituted any proceeding under or related to STAA;
• And immediately post in a conspicuous location in its workplace a signed and dated notice to employees informing them of the order and their rights under STAA.
The driver and NFI each have 30 days from receipt of OSHA’s findings to file objections and request a hearing before the Labor Department’s Office of Administrative Law Judges.
OSHA noted that U.S. Department of Labor does not release the names of employees involved in whistleblower complaints.
DOL: Trucker fired for refusing to violate federal safety regulations
