OSHA Enforcement

JHOS Logistics and Transportation Must Reinstate Driver Who Was Terminated

July 28, 2020

The employee refused to drive an overweight vehicle.

California-based JHOS Logistics and Transportation Inc. must reinstate and pay back wages to a driver who refused to operate an overweight vehicle.

OSHA ruled the transportation company violated the whistleblower provision of the Surface Transportation Assistance Act.

"This order underscores the U.S. Department of Labor's commitment to protect employees who report violations under Surface Transportation Assistance Act," said OSHA Regional Administrator Barbara Goto in a statement. "OSHA enforces the legal provisions of the act, which protects employees who exercise their right to report health and safety concerns with commercial motor vehicles."

JHOS fired an employee who would not drive what was believed to be an overweight vehicle. Two months earlier, the employee received a violation for operating an overweight commercial motor vehicle. The size of the previous load was similar to the size of the current load, which led the employee to reasonably believe the commercial motor vehicle was overweight.

OSHA also ordered the company to pay more than $190,000 in back wages, $25,000 in punitive damages, $5,000 in compensatory damages and attorney's fees.

In addition to the monetary penalties, the company must also train managers and post a notice informing their employees about workers' rights under the STAA. JHOS Logistics and Transportation Inc. may appeal the order to the Department's Office of Administrative Law Judges.

The agency's Whistleblower Protection Program enforces the whistleblower provisions of more than 20 whistleblower statutes protecting employees from retaliation for reporting violations of various workplace safety and health, airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health insurance reform, motor vehicle safety, nuclear, pipeline, public transportation agency, railroad, maritime, securities, and tax laws and for engaging in other related protected activities.

About the Author

EHS Today Staff

EHS Today's editorial staff includes:

Dave Blanchard, Editor-in-Chief: During his career Dave has led the editorial management of many of Endeavor Business Media's best-known brands, including IndustryWeek, EHS Today, Material Handling & Logistics, Logistics Today, Supply Chain Technology News, and Business Finance. In addition, he serves as senior content director of the annual Safety Leadership Conference. With over 30 years of B2B media experience, Dave literally wrote the book on supply chain management, Supply Chain Management Best Practices (John Wiley & Sons, 2021), which has been translated into several languages and is currently in its third edition. He is a frequent speaker and moderator at major trade shows and conferences, and has won numerous awards for writing and editing. He is a voting member of the jury of the Logistics Hall of Fame, and is a graduate of Northern Illinois University.

Adrienne Selko, Senior Editor: In addition to her roles with EHS Today and the Safety Leadership Conference, Adrienne is also a senior editor at IndustryWeek and has written about many topics, with her current focus on workforce development strategies. She is also a senior editor at Material Handling & Logistics. Previously she was in corporate communications at a medical manufacturing company as well as a large regional bank. She is the author of Do I Have to Wear Garlic Around My Neck?, which made the Cleveland Plain Dealer's best sellers list.

Nicole Stempak, Managing Editor: Nicole Stempak is managing editor of EHS Today and conference content manager of the Safety Leadership Conference.