W-L Construction & Paving, part of the global building materials giant CRH Americas, has been hit with nearly $175,000 in fines and damages after OSHA determined the company violated federal Hours of Service (HOS) laws and retaliated against a truck driver for raising safety concerns. The Occupational Safety and Health Administration (OSHA) conducted a whistleblower investigation and concluded that W-L Construction retaliated against the driver, a violation of the Surface Transportation Assistance Act (STAA).
What Happened?
The case started in July 2023 when the truck driver informed W-L Construction management that their assigned work would exceed the federally mandated HOS limits and did not allow adequate rest breaks. The driver also raised concerns about operating their truck while ill and fatigued. However, the company ignored the driver’s concerns.
After raising these issues, the driver faced 10 attendance infractions between July and September 2023. Some of these infractions were related to protected refusals to drive under federal law. Despite the driver’s valid reasons for these absences—including medical concerns after a dental emergency and the effects of working beyond the HOS limits—the company terminated the driver on September 27, 2023. After contacting human resources, the driver’s termination was changed to a suspension, but the driver was ultimately fired on October 2, 2023.
OSHA’s Investigation
OSHA investigated and found that three of the driver’s absences were protected under the STAA, which provides legal protections for truck drivers who refuse to drive due to illness, fatigue, or unsafe conditions. The investigation revealed that W-L Construction had failed to enforce its attendance policies consistently and had retaliated against the driver for exercising their rights under the law.
As part of its ruling, OSHA ordered W-L Construction to:
- Rehire the truck driver at the same rate of pay.
- Pay $58,318 in back wages and interest.
- Pay $115,694 in compensatory damages.
- Pay $10,000 in punitive damages.
The total compensation came to nearly $175,000. In addition to the monetary penalties, W-L Construction was required to distribute OSHA’s whistleblower fact sheet to all of its commercial drivers, ensuring they understand their rights under the law.
Why This Matters to Drivers and Carriers
For truck drivers, this case is a reminder of the importance of knowing your rights. HOS rules are designed to protect your safety and the safety of others on the road. If you ever feel unsafe or are being asked to violate federal rules, you have legal protections under the STAA. You should never be penalized for refusing to drive under unsafe conditions.
For trucking companies, this case underscores the risks of ignoring federal safety laws. Retaliating against drivers who raise valid safety concerns not only endangers lives but also exposes your company to significant legal and financial consequences. OSHA is serious about enforcing these protections, and failing to comply could cost your company big.
What Happens Next?
W-L Construction has 30 days to object to OSHA’s findings and request a hearing before an Administrative Law Judge. If the company does not file an objection, the ruling becomes final.
This case shows how crucial it is for companies to respect the safety concerns of their drivers and for drivers to stand firm in protecting their well-being. OSHA’s decision in this case sends a strong message: safety comes first, and retaliation won’t be tolerated.
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