Truck Driver Wins Case After Raising Safety Concerns: W-L Construction Ordered to Rehire
The U.S. Department of Labor has ruled in favor of a truck driver who was fired after raising safety concerns. W-L Construction & Paving, a company that works in road construction, was ordered to give the driver their job back and pay them damages. This case highlights how important it is for drivers to speak up about safety without fear of losing their jobs.
Why the Driver Spoke Out
The driver worked for W-L Construction & Paving, a company owned by CRH, one of the largest building materials companies in the world. The driver started raising concerns in July 2023, claiming that the company was giving them more work than they could safely handle. According to the driver, the extra work left them feeling tired and sick, putting their safety—and the safety of others—at risk.
The driver said they were being forced to work more hours than allowed under the Federal Motor Carrier Safety Administration’s (FMCSA) Hours-of-Service (HOS) rules. These rules exist to make sure drivers get enough rest so they can drive safely.
Company’s Response
Instead of addressing the driver’s concerns, W-L Construction kept assigning them the same heavy workload. When the driver refused to take on more loads due to fatigue and safety concerns, the company started to cite the driver for multiple attendance-related infractions. The company eventually fired the driver, claiming they had missed work too many times.
The Driver Files a Complaint with OSHA
The driver filed a complaint with the Occupational Safety and Health Administration (OSHA) in October 2023. They claimed they were fired for refusing to drive under unsafe conditions. OSHA investigated and found that W-L Construction had violated the Surface Transportation Assistance Act (STAA), which protects truck drivers from being punished for reporting safety issues.
OSHA’s Findings
After reviewing the case, OSHA determined that three of the driver’s missed days were protected under the STAA. This means that the company should not have counted them as absences, because the driver had a legal right to refuse work when they felt it was unsafe.
OSHA also found that the company did not follow its own attendance policy consistently. The driver had informed their supervisors in advance when they were going to be absent or late, but the company still fired them.
What OSHA Ordered
As a result of the investigation, OSHA ordered W-L Construction to:
- Reinstate the driver to their job.
- Pay the driver $58,318.25 in back wages and interest.
- Provide $115,694 in damages to the driver.
- Pay an additional $10,000 in punitive damages.
- Cover the driver’s attorney fees.
The company must also provide a fact sheet to all its truck drivers, explaining their rights under whistleblower protection laws.
A Message from OSHA
Michael J. Rivera, OSHA’s Regional Administrator in Philadelphia, explained the importance of this ruling. “W-L Construction & Paving Inc. 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.”
Rivera emphasized how critical it is for commercial drivers to drive safely. He said that the safety of the nation’s supply chain depends on drivers being able to work without risking their own health or the safety of others on the road.
About W-L Construction and CRH
W-L Construction & Paving has been in business since 1968. The company operates 10 asphalt plants in Virginia and Tennessee and employs more than 250 people. Its parent company, CRH, is a global leader in building materials with 78,000 employees in 28 countries. CRH plays a major role in road construction and paving across multiple regions.
OSHA’s Whistleblower Protection Program
This case is part of OSHA’s larger effort to protect workers from being punished for speaking out about safety issues. The agency enforces over 20 laws that protect workers in different industries, including trucking. The Surface Transportation Assistance Act (STAA) is one of these laws. It makes sure that truck drivers can refuse unsafe work without fear of losing their jobs.
