Whistleblower Paid and Reinstated after OSHA Ruling

A Tennessee employee is reinstated and compensated after winning whistleblower case.

The Department of Labor ruled in favor of a Tennessee truck driver who blew the whistle on his employer for unlawful company practices.

The employee was terminated by Brush Creek-based trucking company Mark Alvis Inc. after he refused to drive a truck due to illness, fatigue, and being over on his driving hours.

After an investigation, a judge from the Department of Labor ruled that the employee should be reinstated and paid $30,000 as compensation. While making a delievery, the employee was assigned an addition delievery despite informing a dispatcher that he was ill and did not have enough hours to complete the new assignment.

Under the Surface Transportation Assistance Act, the employee’s termination was a violation of safety practices.

"OSHA will continue to ensure that America's truck drivers' right to refuse to drive when they are fatigued, ill or in violation of hours-of-service requirements is not undermined," said Cindy A. Coe, OSHA's regional administrator in Atlanta said in a statement. "OSHA is pleased to reach a settlement in this matter that includes the employee's reinstatement."

The trucking company claims that the employee was not terminated, but that he quit upon arrival back to the company site.

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OH&S Digital Edition

  • OHS Magazine Digital Edition - October 2020

    October 2020

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