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Thread: USDOL Orders Compensation For Employee Who Refused to Drive Without Saftey Measure

  1. #1
    I Am Rocking Now

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    Default USDOL Orders Compensation For Employee Who Refused to Drive Without Saftey Measure

    https://www.dol.gov/newsroom/release...hEAQmWWzm6U1Dw

    The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has determined that UPS Ground Freight Inc. – doing business as UPS Freight – violated the Surface Transportation Assistance Act (STAA) when managers retaliated against a driver at the Londonderry, New Hampshire, facility. The driver had refused to operate a commercial motor vehicle that did not have either a permanent electronic logging device (ELD) or a mounting device for a portable ELD. OSHA ordered UPS Freight to pay the driver $15,273 in compensatory damages, $30,000 in punitive damages, and approximately $2,700 in back wages plus interest.

    OSHA investigators determined that – in March 2019 – the driver refused in good faith to drive a truck without either a permanent ELD or a mounting device for a portable ELD because he believed doing so would violate the Federal Motor Carrier Safety Regulations (FMCSR). ELDs automatically record an operator’s driving time and facilitate the accurate recording of a driver’s hours of service. FMCSR required the driver to use an ELD, and the company to provide a vehicle with either a permanent ELD or a portable ELD mounted in a fixed position during his assigned route.

    Investigators also determined that the driver’s supervisor was not trained on FMCSR’s requirements for ELDs, and that company managers attempted to coerce the complainant into violating the regulation. When he refused, the company terminated him for “gross insubordination.” The investigation revealed that the company later modified the driver’s termination to a suspension and engaged in post-reinstatement harassment.
    ABFwife, 222lifer and Sayheykid like this.

  2. #2
    I Am Rocking Now

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    Default Re: USDOL Orders Compensation For Employee Who Refused to Drive Without Saftey Measur

    This terminal must be in Manchester, New Hampshire hear they are having management problems up there.....cause one of are drivers refuse to go on the road without a ELD went home and filed on it....guess what he got paid....for all time lost....from what am told once you go on a ELD system you must stay on it.....and everyone is suppose to be on this system (Road,P&D) by the end of the year, not all are tractors have this system installed in them yet, even though they all have a sticker saying they do on the side of the cab.....yup....UPS what a place to work...and are ELD's are basically a cell phone (Cheapest way they can find).
    222lifer likes this.

 

 

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