A federal Administrative Law Judge has upheld the Department of Labor’s finding that a Houston crane and rigging services provider violated federal law by firing a company truck driver on June 5, 2020, for refusing to exceed safe driving limits set by the Federal Motor Carrier Safety Administration.
An investigation by the department’s Occupational Safety and Health Administration (OSHA) determined the driver employed by Crane Masters Inc. informed their employer that after working 19 hours on June 4, 2020, it would be unsafe to operate a commercial vehicle without having the legally required amount of rest. The company responded by terminating the driver.
“Congress enacted the world’s first whistleblower protections in 1778 to ensure that people who come forward to report illegal behaviors or actions don’t suffer for doing what’s right,” said OSHA Regional Administrator Eric S. Harbin in Dallas. “In this case, Crane Masters Inc. was held accountable for retaliating against an employee who acted responsibly by raising their concerns about endangering themselves and others by operating a commercial vehicle without sufficient rest.”
OSHA found that Crane Masters fired the employee illegally for exercising their protected rights under the federal Whistleblower Protection Program. The department’s Regional Solicitor in Dallas presented its case during a formal hearing in Houston on October 14, 2022.
On May 13, 2024, the judge issued a decision upholding OSHA’s findings and ordered Crane Masters to pay the former truck driver $14,945 in back pay, interest, and compensatory damages. The company must also expunge the former employee's record and post a notice to employees.
“Once again, the Department of Labor has vigorously enforced the rights of employees who report safety or regulatory violations,” said Regional Solicitor John Rainwater. “Whistleblower rights are crucial to the safety of employees and the public at-large. A federal judge upheld the department’s contention that Crane Masters wrongly retaliated against a hard-working employee for doing what’s right.”
Operating for about 20 years, Crane Masters Inc. provides hydraulic truck cranes and rigging services for various industries including construction, oil and gas, freight transportation, and chemical manufacturing in greater Houston.
OSHA’s Whistleblower Protection Program enforces whistleblower provisions of more than 20 statutes protecting employees from retaliation for reporting violations related to workplace safety and health among other areas.
For more information on whistleblower protections visit OSHA's Whistleblower Protection Programs webpage.
