A federal whistleblower investigation has determined that a subsidiary of one of the world’s largest building materials manufacturers fired a truck driver illegally in September 2023 after the employee raised concerns about fatigue and illness resulting from their assigned loads and routes.
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) found that the employee of W-L Construction & Paving Inc., a subsidiary of CRH, first notified the company in July 2023 that their work assignments exceeded federal safety requirements for rest breaks and hours on duty. Despite these concerns, the company continued to assign the driver loads and routes that the driver felt were unsafe.
Following ten attendance infractions—either for being absent or leaving early—the management at W-L Construction terminated the driver. OSHA determined three of these absences were protected actions under the Surface Transportation Assistance Act.
“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,” said OSHA Regional Administrator Michael J. Rivera in Philadelphia. “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 protected right under federal law.”
As a result of its investigation, OSHA has ordered W-L Construction, its management, and CRH Americas to reinstate the driver and compensate them with $58,318.25 in back wages and interest, $115,694 in compensatory damages, $10,000 in punitive damages plus attorney’s fees.
Founded in 1968, W-L Construction & Paving Inc. employs over 250 people across ten asphalt plants in Southwest Virginia and Northeast Tennessee. Its parent company CRH operates globally with approximately 78,000 employees at nearly 3,400 locations across 28 countries.
OSHA’s Whistleblower Protection Program enforces provisions from more than 20 statutes designed to protect employees from retaliation for reporting workplace safety violations.
The U.S. Department of Labor does not release names of employees involved in whistleblower complaints.
