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Truck driver awarded $184,000 in whistleblower case

OSHA finds construction company pushed driver to ignore hours-of-service, rest-break laws

WASHINGTON — A truck driver working for a road construction company has been awarded approximately $184,000 after a whistleblower investigation found that the company had violated federal rest-break and hours-of-service laws.

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) conducted the investigation. OSHA ordered the driver’s employer, Chilhowie, Virginia-based W-L Construction & Paving (W-L) and its parent, building materials company CRH Americas (NYSE: CRH), to reinstate the driver, whose name was withheld. They were also ordered to pay the driver $58,318 in back wages and interest, $115,694 in compensatory damages, $10,000 in punitive damages, and attorney’s fees.

“W-L Construction & Paving illegally retaliated against an employee who raised legitimate concerns about their ability to meet the company’s demands without jeopardizing their safety or that of others,” said OSHA Regional Administrator Michael Rivera.

“Our nation’s supply chain and economy depend on commercial drivers operating their rigs safely to deliver their cargo. OSHA will hold employers accountable when they ignore workers’ concerns about their safety and that of others. Workers should know speaking freely without fear of retaliation when safety is compromised is [a] protected right under federal law.”


According to OSHA’s investigation, the driver, who operated a “low-boy” tractor trailer (used to haul construction equipment), notified a supervisor in July 2023 that he would not be able to work due to the aftereffects of a dental emergency, in which he was having difficulty with his vision.

Nine days later, after accumulating three hours of driving time over the weekly limit, the driver left work but was asked to come back to haul another load.

“The company ignored the driver’s concerns and, for two more months, continued to assign loads and routes the driver refused fearful of illness or fatigue behind the wheel,” OSHA stated.

“After citing the driver for 10 attendance infractions – either for being absent or leaving early – W-L Construction’s management terminated the driver.” OSHA determined that three of the absences were protected under federal labor law.


“As a result of the complainant’s illegal termination, he and his family faced mental and financial hardships,” OSHA stated, “and significant compensatory damages for pain and suffering are appropriate.”

The $10,000 in punitive damages was warranted, according to OSHA, because W-L had an opportunity to research the legality of firing the driver after he complained about it to the company’s human resources department. However, HR failed to correct the illegal action against the driver and fired him anyway.

“This is a wanton disregard for the rights of employees,” OSHA stated.

In addition to the monetary compensation, OSHA ordered the company to immediately reinstate the driver to his former position at the same rate of pay.

Click for more FreightWaves articles by John Gallagher.

8 Comments

  1. Mike

    It’s interesting that OSHA was able to get not only a substantial compensation but reinstated as well. Meanwhile, the FMCSA which also investigate violations does not provide compensation for the driver who has been fired and can not get them reinstated. Go figure.

  2. Mike

    It’s interesting that OSHA was able to get not only a substantial compensation but reinstated as well. Meanwhile, the FMCSA which also investigate violations does nothing for the driver and can not get them reinstated. Go figure.

  3. Pianoman

    Dead man walking, I would not return. But then again no one gonna hire you in that field that he probably loves . Enjoy $$$$, save it and good luck to you. You did rite…

  4. Larry Jupp

    Hello I’ve been trying since June 10 2024 to find who I need to call for this exact type of issue. I’ve tried lots of government agencies with nothing but run around ,nobody knows who I should call. My number is 209 284 8941. Hours of service violations, harassment in the workplace, assault and battery . Etc. Etc.

  5. Anonymous Angry

    I’m having this same difficulties with my company have already been threatened to be fired due to fatigue and unsafe equipment, my dispatch passed away from exhaustion from being overworked with an aneurysm and shattered arteries , was made to feel as if he was committing these unsafe acts when it was actually the owners. I have a sick mother and have to be off often with fear of being terminated due to my absence that I’m not intentionally committing to. Also said that we would soon be having dash cam and feel as if I’m secretly being monitored inside my truck already.

  6. Edwin Thiessen

    It’s about time,.. Same with FEDEX,longhual, they expect us to be there at a certain time on an( eta) we have a camera watching us, Wich is illegal, I don’t watch you when you are at home! This is my home, I spend more time in the semi truck then I do at home I leave Monday night, get home Thursday morning leave Thursday night get home Sunday morning,fyi, the camera is a driver distractions,I feel I can’t do my job safely

  7. Erik Johnson

    I find myself asking, “Why would anyone in their right mind want to go back to work for this employer? –unless all those involved in his termination were fired and the situation was truly resolved.” This kind of “The Rest of the Story” would be very interesting. (!!)

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John Gallagher

Based in Washington, D.C., John specializes in regulation and legislation affecting all sectors of freight transportation. He has covered rail, trucking and maritime issues since 1993 for a variety of publications based in the U.S. and the U.K. John began business reporting in 1993 at Broadcasting & Cable Magazine. He graduated from Florida State University majoring in English and business.