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


Be the first to comment

Please check your e-mail for a link to activate your account.
Get Advice Join TDU Donate

Recent News

Arbitrator Waters Down 9.5 Rights at UPS

UPS drivers’ rights were watered down when the IBT lost an important arbitration decision on 9.5 protections against excessive overtime.

Jack Cooper Concessions Deal Goes Through

Carhaul Director Kevin Moore announced Teamsters at Jack Cooper have accepted a “Restructuring Term Sheet” that allows for concessions under the current carhaul contract. The company claimed they needed new terms to stay in business. The vote was 868 Yes to 427 No.

View More News Posts