BOSTON, MA – A driver who refused to operate a delivery vehicle that did not have either a permanent electronic logging device (ELD) or a mounting device for a portable ELD was terminated for “gross insubordination”- and now, UPS Freight has been ordered to pay the driver $15,273 in compensatory damages, $30,000 in punitive damages, and approximately $2,700 in back wages plus interest.
OSHA has determined that UPS Ground Freight Inc. – doing business as UPS Freight – violated the Surface Transportation Assistance Act (STAA) when managers retaliated against a driver at the Londonderry, New Hampshire, facility.
OSHA investigators determined that – in March 2019 – the driver refused in good faith to drive a truck without either a permanent ELD or a mounting device for a portable ELD because he believed doing so would violate the Federal Motor Carrier Safety Regulations (FMCSR). ELDs automatically record an operator’s driving time and facilitate the accurate recording of a driver’s hours of service.
FMCSR required the driver to use an ELD, and the company to provide a vehicle with either a permanent ELD or a portable ELD mounted in a fixed position during his assigned route.
Investigators also determined that the driver’s supervisor was not trained on FMCSR’s requirements for ELDs, and that company managers attempted to coerce the complainant into violating the regulation. When he refused, the company terminated him.
The investigation revealed that the company later modified the driver’s termination to a suspension and engaged in post-reinstatement harassment.
OSHA also ordered the company to take additional corrective actions to resolve violations of the whistleblower provisions of STAA, including:
- Clear the driver’s personnel file of any reference to the issues involved in the investigation;
- Post a notice informing all employees of their whistleblower protections under STAA;
- Refrain from firing or discriminating against any employee who engages in STAA-protected activity; and
- Not use a driver’s refusal to drive because of a good-faith concern that doing so would violate an FMCSR as a contributing factor in any termination decision.
OSHA Regional Administrator, Galen Blanton in Boston, Massachusetts, said, “Truck drivers are protected from retaliation when they refuse to violate laws put in place to protect their safety and health. This order underscores the agency’s commitment to protect workers who exercise their right to ensure the safety of themselves and the general public.”