California Trucking Company Ordered by OSHA to Reinstate Employee After Whistleblowing Incident

OSHA recently ordered JHOS Logistics and Transportation Inc. to reinstate an employee who had been terminated for refusing to drive an overweight vehicle at a California facility. OSHA is also charging the company $190,000 back in wages, $25,000 in punitive damages and $5,000 in compensatory damages and attorney fees.

An OSHA news article from July 15, 2020, discusses a recent incident between OSHA and a California trucking company. After an employee at JHOS Logistics and Transportation Inc. refused to drive a truck he believed was overweight, he was terminated. Now, the company must reinstate the employee and pay $190,000 back in wages, $25,000 in punitive damages and $5,000 in compensatory damages and attorney fees.

OSHA investigators found that the company violated the whistleblower provision of the Surface Transportation Assistance Act (STAA) when the company terminated the employee. Two months prior to the termination, the employee received a violation for operating an overweight commercial motor vehicle. “The size of the previous load was similar to the size of the current load,” said the article, “which led the employee to believe the commercial motor vehicle was overweight.”

The company must also train managers and post a notice informing their employees about workers’ rights under the STAA. JHOS Logistics and Transportation Inc. may appeal the order to the Department’s Office of Administrative Law Judges.

“This order underscores the U.S. Department of Labor's commitment to protect employees who report violations under Surface Transportation Assistance Act,” said OSHA Regional Administrator Barbara Goto. “OSHA enforces the legal provisions of the act, which protects employees who exercise their right to report health and safety concerns with commercial motor vehicles.”

OSHA whistleblower protection laws are in place to protect workers by providing more than 20 whistleblower statues that protect workers from retaliation for reporting violations of various workplace safety and health, airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health insurance reform, motor vehicle safety, nuclear, pipeline, public transportation agency, railroad, maritime, securities and tax laws and for engaging in other related protected activities.

You can read more at OSHA’s Whistleblower Protection Programs webpage.

Industrial Hygiene Product Showcase

  • Vaask

    Vaask

    Vaask (V-ahh-sk) is inspired by the Norwegian word for “wash” and embodies the desire for a more modern class of clean. The touchless hand sanitizing fixture provides a superior performance engineered for no drips, no mess. The laser sensor accurately dispenses sanitizer from the 2-liter sanitizer cartridge, refillable with any alcohol-based gel of your choice. Vaask can be customized to complement the design of any space and comes in three mounting options. 3

  • The MGC Simple Plus

    The MGC Simple Plus

    The MGC Simple Plus is a simple-to-use, portable multi gas detector that runs continuously for three years without needing to be recharged or routinely calibrated after its initial charge and calibration during manufacturing. The detector reliably tests a worksite’s atmosphere for hydrogen sulfide, carbon monoxide, oxygen and combustible gases (LEL). Additionally, it is durable enough to withstand the harshest treatment and environments, which is why it has an IP 68 rating. The MGC Simple Plus is also compatible with a variety of accessories, such as Gas Clip Technologies’ new GCT External Pump. Visit gascliptech.com for more information. 3

  • SECUMAX 350 SE

    SECUMAX 350 SE

    Efficient, ergonomic, and eco-friendly. Safety is about to get a whole lot greener with MARTOR's new safety knives made of recycled plastic coming soon! Contact us today for more information and to request a free sample. 3

Featured

Webinars