OSHA Awards Damages and Reinstatement for Truck Driver

Truckers Justice Center
Truckers Justice Center
13, 2014
View the original piece

In a decision issued August 11, 2014, the Occupational Safety and Health Administration (“OSHA”) has found that truck owner Terry Unrein fired truck driver Rebecca Barnhard for refusing to drive a truck with a defective steer tire and for complaining that a headlight on the truck operated only intermittently. Unrein owned and operated five trucks, and transported goods under contract with Gulick Trucking.

OSHA ordered Unrein to reinstate Ms. Barnhard to her former position as a truck driver, to pay her back pay, and to pay her attorney fees. OSHA also ordered Unrein to post a copy of a notice at its work place indicating that Ms. Barnard had won her case, and that the Surface Transportation Assistance Act protects drivers from retaliation for making complaints about violations of commercial vehicle safety regulations, and for refusing to drive in violation of a commercial vehicle safety regulation.

Ms. Barnhard states, “I am delighted with OSHA’s decision and feel that my decision to refuse to drive an unsafe truck has been vindicated. My employer wanted me to take shortcuts to sidestep DOT regulations and I am happy that the law protected me when I refused to take shortcuts with safety.” 

Mr. Barnhard was represented by Paul O. Taylor, an attorney with Truckers Justice Center in Burnsville, MN. www.truckersjusticecenter.com

Get Advice Join TDU Donate

Recent News

During the Crisis of the Century, Hoffa Sides with Management

Since the beginning of the COVID-19 pandemic, Teamsters across the country have been thrust into an unexpected crisis of unforeseeable proportions. At UPS, no sooner did many of us find out that we were a part of the “essential workforce” than we were fighting on the shop floor to protect ourselves from the virus.  

All YRCW Teamsters in TeamCare Get Coverage Extended

A May 9 Memo from the IBT Freight Division reports that arrangements have been made so that both active YRCW employees and employees laid off after March 1 will have the full 8 weeks of “Layoff Coverage" going forward from May 10 to continue health care coverage, if they are in TeamCare (Central States H&W). This includes both employees who have been actively working and those who may have already used up some of the “layoff coverage.”...
View More News Posts