Clear Lake business ordered to reinstate fired driver

OSHA levies $123,203 fine following whistleblower investigation

Absolute Waste Removal, of Clear Lake, has been found in violation of the Surface Transportation Assistance Act (STAA) by the U.S. Department of Labor’s Occupational Safety and Health Administration for wrongfully terminating a truck driver for raising safety concerns during the reorganization of company routes. 

According to a statement released by OSHA, the business has been ordered to reinstate the driver to his former position with all pay, benefits and rights, in addition to paying back wages of $23,203, plus interest. OSHA ordered the company to pay $50,000 in compensatory and $50,000 in punitive damages and reasonable attorney’s fees.

“An employer does not have the right to retaliate against employees who report work-related injuries or safety concerns,” said Marcia Drumm, acting regional administrator for OSHA in Kansas City, Mo. “OSHA is committed to protecting all workers from retaliation for exercising basic worker rights.”

The driver was terminated from employment on Feb. 27, 2013, after raising repeated concerns to the company’s owner about new procedures being implemented. The employee rightfully refused to operate a vehicle in an unsafe manner because such operation would violate American National Standards Institute and U.S. Department of Transportation regulations, potentially causing serious injury to the worker, co-workers or the public.

The U.S. Department of Labor does not release the names of employees involved in whistleblower complaints.

OSHA enforces the whistleblower provisions of the STAA and 21 other statutes protecting employees who report violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health care reform, nuclear, pipeline, worker safety, public transportation agency, maritime and securities laws.