Prime Inc. plans to appeal a ruling by the U.S. Department of Labor's Occupational Safety and Health Administration alleging the Springfield trucking company blacklisted a driver after he sought medical attention for a work-related injury.
OSHA ordered Prime to pay $100,000 in back wages and damages to the former employee, an unnamed man who filed a complaint with the government agency after being rejected for another trucking job, according to an OSHA news release.
According to the OSHA investigation, the driver notified his supervisors in October 2008 he sustained an on-the-job back injury and was seeking medical attention. The following month, the driver provided documentation showing his condition disabled him from work because he was prescribed medications that did not allow him to operate a vehicle safely. After his physician cleared him for full duty, the driver chose not to return to Prime Inc. and to pursue employment elsewhere, according to the release.
In its ruling, OSHA claims Prime submitted damaging and misleading information about the driver's employment history to a provider of pre-employment and drug testing screening services. That information found its way on to the driver's Drive-A-Check Report, a trucking industry report showcasing employment history. After being rejected for a job because of the information, the driver filed a complaint alleging a violation of the anti-retaliatory provisions of the Surface Transportation Assistance Act.
"Blacklisting an employee and sabotaging a worker's career is unacceptable. It can have a dangerous ripple effect if employees are compelled to drive when unwell or under medication because they are afraid they will lose their livelihood," said Robert Kulick, OSHA's regional administrator in New York, whose offices conducted the investigation, in the release. "OSHA will not tolerate employers retaliating against its employees for reporting violations, including forcing employees to operate commercial motor vehicles when doing so would be unsafe for the driver and the public."
Upon receipt of OSHA's order, Prime had 30 days to file objections or request a hearing. Prime spokesman Clayton Brown issued a statement to Springfield Business Journal from the company's legal department.
“Prime’s policy is to not comment on pending litigation. Prime is appealing this investigative finding and litigation will begin shortly. The next step is to have a trial on the merits.”[[In-content Ad]]
