Federal judge orders company to pay fired worker after 19 hour workday

A federal judge upheld the Department of Labor’s Occupational Safety and Health Administration (OSHA) findings that Crane Masters Inc., a Houston-based crane and rigging service, violated federal law after firing a truck driver who refused to return to the workday without a legally required amount of time off. Employees who act responsibly about endangering themselves are entitled to certain protections under federal law. Now, Crane Masters will be required to pay the former employee $14,945 in back wages and is required to repair the employee’s record. Here’s what happened. 

Crane company fires employee 

The driver, who was employed by Crane Masters, refused to continue to work after a 19-hour shift. The employee said that it would be unsafe for them to drive without a break before returning to work. Under federal law, drivers may only drive 14 hours per day, following 10 consecutive hours off duty. While there are some exceptions to that rule, after working a 19 hour workday, a driver would not be able to safely maintain a commercial vehicle on the road without some sleep. The company fired the driver. 

Federal whistleblower laws prevent firing employees who raise safety concerns 

OSHA has several layers of whistleblower laws that give employees job protection when they raise safety concerns. The law that applies here is the Surface Transportation Assistance Act (STAA):

49 U.S.C. §31105. Under the STAA, a commercial driver cannot be terminated for refusing to operate a commercial vehicle if “the operation violates a regulation, standard, or order of the United States related to commercial motor vehicle safety, health, or security;” 

Employer committed to safety in words 

Crane Masters’ website maintains that the company takes safety very seriously. From the about section-   

“Keeping your employees safe starts well before the lift…. Our dedication to safety has made our company one of the best in the area. We have an unblemished record of safety.”

Crane Masters has operated for about 20 years, and it may have a good safety record, but it certainly doesn’t treat its employees as responsible adults. Regional Solicitor John Rainwater said, “A federal judge upheld the department’s contention that Crane Masters wrongly retaliated against a hard-working employee for doing what’s right.”