Truck driver awarded $184,000 in whistleblower case

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.