OSHA Orders Reinstatement of Memphis Truck Driver
 

In a decision issued on February 23, 2011, the United States Department of Labor's Occupational Safety and Health Administration (OSHA), has ordered a Memphis-based towing company to reinstate a commercial driver, William Beecher. OSHA found that the employer unlawfully fired Beecher because he refused to drive a transport recovery vehicle that did not comply with DOT regulations. In Beecher v. United Auto Recovery and Memphis Auto Auction, OSHA also ordered Beecher's former employer to pay him back pay in excess of $38,000, emotional distress damages of $20,000, punitive damages of $40,000 and more than $10,000 in attorney fees.

On February 5, 2009, Beecher refused to drive a tow truck because the vehicle had a severe coolant leak which he had previously noted on numerous daily vehicle inspection reports submitted to the employer. An outside vendor for the employer had noted on a work order that the vehicle was "not driveable." It appeared to Beecher that the truck also had a blown head gasket. OSHA found that if Beecher had driven the truck, he would have violated 49 C.F.R. § 396.7(a) which operations of a vehicle "in such a condition as to likely cause an accident or a breakdown of the vehicle."

Although the employer claimed it offered Beecher an alternative vehicle to drive, a 4900 four-car hauler, Beecher did not have a license allow him to drive that larger vehicle. OSHA found that Beecher's refusal to drive the larger vehicle was legally protected because he would have otherwise violated 49 C.F.R. § 383.23(a).

OSHA found that an award of damages for emotional distress was appropriate because Beecher's discharge caused him to fall into "a deep depression" and that he and his family "have suffered mental anguish due to this financial stress." OSHA also held that punitive damages were warranted because of United Auto Delivery and Recovery and Memphis Auto Auctions' "reckless disregard for the law and complete indifference to [Beecher's] rights."

Beecher brought his claim under the employee protection provisions of the Surface Transportation Assistance Act, 49 U.S.C. § 31105, which prohibits retaliation against commercial drivers because they have filed safety-related complaints or because they have refused to drive in violation of a commercial vehicle safety regulations.

Beecher was represented by Paul O. Taylor of Truckers Justice Center, a law firm handling employment-related claims for commercial drivers based in Burnsville, MN. Mr. Taylor may be reached at 651-454-5800 or visit Home - Truckers Justice Center- Employment Lawyer

Way to go!

I'd like to know more about the STAA. Where can I find it online?

I don't understand how a coolant leak or a possible bad head gasket would cause an accident. I don't understand why the guy could not find another job. I don't think that anyone should be forced to drive a vehicle that is unsafe, but I can't believe that he could have gotten such a settlement out of it. I suppose the company will now file bankruptcy to prevent from paying him. I don't understand why some people feel that they are entitled to get a free ride when all they need do is find another job. If he really wanted to work he could have easily upgraded his license. I suppose that he won't need to work now, providing he actually collects. I wonder how many others will now be out of work if his former company goes out of business.

Here's where the company was wrong. They didn't care to fix the vehicle properly and would have left him sitting on the side of the road. Try and understand GMAN, that the driver sued for being fired for refusing to drive a vehicle that would not pass a DOT inspection with leaking coolant. Would you like to be told you're fired for not wanting to break a law?

In this case I feal it was apropriate. Mabem the company will learn to fix thier equipment. I'm not a big person on sewing and yes, I'd still seak emplyment someplace else.

The coolant leak would result in overheating. Overheating could shut truck down creating a hazard on the highway.

Maybe the company does file bankruptcy...maybe not. Definitely the settlement doesn't provide enough money to not work. As for filing Bankrupt and not paying......I am willing to bet that since this was done at the federal level and not local or state....the settlement would be protected by the courts. I don't know...don't really care.

I am not a huge fan of suing.....but there are always exceptions that have to be made. Being fired because you refuse to break the law is one of those cases. Breaking down along side any roadway is dangerous...........more so in the Memphis area. Doubly so in the case of a towing service, as you are not just talking about the truck operator, but also the "client". Safety-wise and health-wise.

I for one, would not want to be sitting alongside I-40 or I-55, in that area, with my broke down car on a tow truck....that is broke down itself (I have seen this so many times recently and am always amazed by it)........and unable to provide AC when it is 90+ degrees outside......or heat when it is under 20 degrees either. Since this all took place fairly recently, the owner of the Tow Company should have been fully aware of the DOT regulations and his or her need to comply with them. Oil leaks and coolant leaks are OOS items. Both can also lead to "Enviromental" tickets for both the company and the driver....unlike the "old days" when leaks were totally ignored because they were accepted as common. It is one thing for a road truck to develop a leak while enroute and need to limp in to a shop. It is an entirely different deal, when the truck is waiting on a dispatch list and the needed repairs are known and being ignored.

just my opinion

Orangexguy said:Opie says: There was no settlement so there is no settlement to provide "enough money not to work."

Orangexguy said:Opie says: No, but Memphis Auto Auction is not going to file bankruptcy I don't think.

Orangexguy said:Opie says: Well said.

Paul Taylor
Attorney
Truckers Justice Center
900 West 128th Street, Suite 104
Burnsville, MN 55337
Tel. No. 651-454-5800