The Occupational Safety and Health Administration has ordered a Fort Myers, Fla., trucking company to reinstate an employee who was fired after calling attention to safety problems and refusing to drive two trucks that were unsafe.
OSHA also ordered the company, Zurla Trucking, to pay the driver $125,000 in punitive damages as well as unspecified back wages and compensatory damages.
The employee, who was not identified, was fired in February, 2008, after refusing to operate trucks that he found unsafe. Federal law prohibits companies from firing employees who refuse to drive vehicles that do not meet federal safety standards.
The company’s lawyer could not be reached for comment, and it was not known whether it will appeal.
OSHA’s decision comes amid sharp criticism of the agency over flaws in its whistleblower protection program. As FairWarning reported last week, the Labor Department’s inspector general criticized OSHA for failing to adequately investigate complaints of reprisals against employees who report safety hazards or other law violations.
That followed a report from the Government Accounting Office, which faulted OSHA for such issues as failing to make sure that whistleblower case investigators are properly trained.
OSHA is responsible for enforcing whistleblower protections under 18 different federal statutes. They include the Occupational Safety and Health Act, several environmental statutes, and the trucking safety law that the agency said Zurla had violated by firing its driver.
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The same has happened to me here in Reno, NV back in 2008 we have lost every thing we worker for our whole life. The Whiselbplower Act has done nothing for me. Tha
Good luck finding an Attorney! I am currently involved in a OSHA case in Nevada. I have won the case hands down!! Attorney’s do not have the balls to take it on. My wife is disabled and she did the job of a spineless Attorney. And yes, we won..
Iam so done with the governments bull shit we lost everything behind what was done to Jack & Curt. The Whistleblowers act did nothing for us. Iam also disabled we have no home. we are awarded money but when will that be. All over a welded leaf spring on #129 They both refused to drive it. Jack wanted to take to a shop and have it fixed or drop it off at the scales for an inspection. FMCSA said all paper work was in order and the pup was dismantled, not true what a fucking lie from the FMCSA. We have logs that place the #129 on the road and pictures of it when it came apart on the exit in Carlin NV. I lost all trust in the government.
We wom what?
It amazes me how often these acts of driver forced to run equipment that knowingly is unsafe to run down public roads but because whom signs there checks insists they do so because case after case its evident that no one will do anything to stop employers from putting their drivers in this position and we need to eat too. You know Drivers are a dime a dozen so they say .
Its very Sad few employers know a Good Driver a” Professional Driver” is worth their weight in Gold sure that’s what they all claim that’s what they want when you get the job but when it comes down to brass tacks they just want a seat filed to get done what needs to be done so they can make their almighty dollar , As long as it gets there even if they are holding their breath the whole time. ” Run IT Tell It Go’s” I cant even count how many times and how many different employer in my years driving (17) I have heard that same thing said ! what do you do ???????? Need to feed our kids too !!
With the Nevada case Mr. Firebaugh and Mr.Martin two drivers that had evidence hand over fist that FMCSA investigators never even spoke to during their Investigation only speaking with employer( Cuz we all know how employers are always telling truths) That “said” trailer Some how Noone could find for a period of time???
( In My Mind would have sent up a flag to inspect all of their trailers )
Then when Finally located ” Said Trailer ” It was at the shop already taken apart for repair ( Repairs Never Done !! ) FMCSA took employers word for it ! ? Now What’s up with that would that be to lazy to make sure repairs were done correctly or Could that be how you turn the blind eye or not properly trained I don’t know but it would be sweet to have people that are in these jobs to have just a little bit of common sense .
IN MY OPINION PLEASE TRAIN PLEASE INVESTIGATE BY TALKING TO EVERYONE INVOLVED UNDERSTAND WE WOULD ABIDE THE LAWS OF OUR PROFESSION IF WE HAD SUPPORT EMPLOYERS WOULD DO WHATS RIGHT WHAT CHOICE WOULD THEY HAVE ! OMG AND THAT WOULD MAKE FOR A TRANSPORTATION HARMONY
( LOL ITS MY FANTASY AND I CAN HAVE IT ANYWAY I WANT IT)
I filed an OSHA complaint against my employer, after I had repeatedly explained most of the safety violations to management. After OSHA performed their inspections and found numerous serious violations and repeat violations I was notified by the manager and told that due to the economy I was no longer needed and laid off, funny but I was the only one laid off from this company. I contacted OSHA to let them know about their possible retaliation for the OSHA complaints. I was assigned an OSHA investigator and after four months and several phone calls back and forth, I was told that this may take from a year and a half to possibly three years to resolve my case. Oh yes, he told me to hang tight and try to tough it out. My advice to other prospective whistleblowers is just to let it go!!! The government is not out to protect the employees this is a regulatory agency with no teeth. Beware!!!