Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

New Prime Fined by OSHA for Retaliating Against Trucker

UPDATED -- An investigation by the U.S. Department of Labor's Occupational Safety and Health Administration found that New Prime retaliated against a truck driver by blacklisting him in the commercial transport industry after he sought medical attention for a work-related injury.

by Staff
January 6, 2014
New Prime Fined by OSHA for Retaliating Against Trucker

 

3 min to read


UPDATED -- An investigation by the U.S. Department of Labor's Occupational Safety and Health Administration found that New Prime retaliated against a truck driver by blacklisting him in the commercial transport industry after he sought medical attention for a work-related injury.

OSHA has ordered the Springfield, Mo.-based motor carrier to pay the former employee $100,994.24 in back wages and damages plus take other corrective action. 

Ad Loading...

The driver notified his supervisors in October 2008 that he sustained an on-the-job back injury and was seeking medical attention, according to OSHA. In November, he provided documentation that the condition was serious enough to prevent him from returning to work because he had been prescribed medications that made operating a commercial motor vehicle unsafe. In July 2009, the driver's physician released him for full duty. He opted not to return to New Prime and began seeking employment elsewhere in the industry.

After being rejected for a job, the driver learned New Prime had submitted damaging and misleading information about his employment to a provider of pre-employment and drug testing screening services, says OSHA The information appeared on the driver's DAC Report, an employment history submitted by former employers in the trucking industry. The driver submitted a complaint with OSHA, alleging violation of the anti-retaliatory provisions of the Surface Transportation Assistance Act.

As a result, OSHA is ordering New Prime to pay the former employee lost wages, including interest, of $41,373.34, covering the time between July 1, 2009 and April 1, 2010; $40,000 in compensatory damages for pain, suffering, emotional distress and loss of home and property and $20,000 in punitive damages for what OSHA says is “in light of the company's reckless and callous disregard for the worker's rights under the STAA.” The company must also expunge the complainant's employment and DAC Report records of any reference to his unlawful termination.

"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. "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."

Employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to the employer or the government. Employees who believe that they have been retaliated against for engaging in protected conduct may file a complaint with the U.S. Labor Department

Ad Loading...

New Prime may file objections or request a hearing before the department's Office of Administrative Law Judges within 30 days of receipt of OSHA's order, which it has indicated it will do, according to the Springfield News-Leader.

It told  the newspaper, "Prime is appealing this investigative finding and litigation will begin shortly. The next step is to have a trial on the merits.”

Updated adds reaction from Prime.

 

More Drivers

SponsoredFebruary 1, 2026

Stop Watching Footage, Start Driving Results

6 intelligent dashcam tactics to improve safety and boost ROI

Read More →
DriversJanuary 23, 2026

What FMCSA’s New Enforcement Push Means for Fleets in 2026 [Podcast]

Listen as transportation attorney and TruckSafe Consulting President Brandon Wiseman joins the HDT Talks Trucking podcast to unpack the “regulatory turbulence” of last year and what it means for trucking fleets in 2026.

Read More →
DriversJanuary 20, 2026

How Pilot Is Using AI in Truck Maintenance

A practical look at how artificial intelligence is helping Pilot's trucking fleet move from reactive maintenance to a more proactive approach.

Read More →
Ad Loading...
SponsoredJanuary 19, 2026

3 New Ways Fleet Software Pays: ROI opportunities for modern fleet managers

Safety, uptime, and insurance costs directly impact profitability. This eBook looks at how fleet software is evolving to deliver real ROI through proactive maintenance, AI-powered video telematics, and real-time driver coaching. Learn how fleets are reducing crashes, defending claims, and using integrated data to make smarter operational decisions.

Read More →
SponsoredJanuary 19, 2026

Basic Tracking vs Next Generation Fleet Technology

Fleet software is getting more sophisticated and effective than ever, tying big data models together to transform maintenance, safety, and the value of your existing tech stack. Fleet technology upgrades are undoubtedly an investment, but updated technology can offer a much higher return. Read how upgrading your fleet technology can increase the return on your investment.

Read More →
Graphic showing smart truck parking technology with a highway sign reading “Spaces Available” and the Streetline logo.
Driversby News/Media ReleaseJanuary 16, 2026

Streetline Expands Smart Truck Parking System on West Coast

Streetline is expanding smart truck parking tools, including a new I-5 deployment in Washington and a no-upfront-cost pilot model for state DOTs.

Read More →
Ad Loading...
Truck parked at night
Driversby Deborah LockridgeJanuary 15, 2026

Third 'Jason's Law' Truck Parking Survey Under Way

The Federal Highway Administration is asking motor carriers and truck drivers to give input on where and when drivers have difficulty finding truck parking, and on how drivers prefer to get information on available parking.

Read More →
Driversby StaffJanuary 8, 2026

FMCSA Continues Focus on State Issuance of Non-Domiciled CDLs

The Federal Motor Carrier Safety Administration continues a crackdown on an increasing number of states it says have been issuing non-domiciled CDLs improperly.

Read More →
Driversby Deborah LockridgeDecember 30, 2025

Will FMCSA’s Driver-Oriented Enforcement Initiatives Affect Capacity?

The Department of Transportation and the Federal Motor Carrier Safety Administration took several actions in 2025 to tighten enforcement of regulations for commercial drivers. Will those affect trucking capacity in 2026?

Read More →
Ad Loading...
Driversby Deborah LockridgeDecember 15, 2025

Q&A: Lisa Kelly Explains Ice Road Trucking, Reality TV Editing, and Life as a Female Driver

Lisa Kelly talks to HDT about the return of the show Ice Road Truckers, what really happens on the ice roads, how reality TV shapes drivers’ stories, and the career she’s built beyond the show.

Read More →