The U.S. Department of Labor's Occupational Safety and Health Administration ordered Oak Harbor Freight Lines Inc. to compensate a worker who refused to drive in violation of safety regulations. OSHA has also ordered the trucking company, based in Auburn, Wash., to stop retaliating against workers who refuse to drive trucks while too ill or fatigued to safely operate vehicles at its facilities.
OSHA Orders Trucking Company to Stop Retaliating Against Drivers
The U.S. Department of Labor's Occupational Safety and Health Administration ordered Oak Harbor Freight Lines Inc. to compensate a worker who refused to drive in violation of safety regulations.
A commercial truck driver working for the company in Portland was suspended without pay indefinitely before being fired in September 2010 in retaliation for refusing to drive in violation of the Ill or Fatigued Operator Rule enforced by the Federal Motor Carrier Safety Administration.
OSHA's investigation found the driver had notified the company that he was sick and taking a prescribed narcotic cough suppressant. Upon his termination, the worker filed a whistleblower complaint under the Surface Transportation Assistance Act, which protects drivers from retaliation for refusing to violate truck safety laws that protect them and the public.
"Punishing workers for exercising their right to refuse driving assignments is against the law," said David L. Mahlum, OSHA's acting regional administrator in Seattle. "A company cannot place its attendance policies ahead of the safety of its drivers and that of the public."
OSHA determined that the attendance policy of Oak Harbor Freight Lines punishes drivers by issuing them notices of "occurrences," which can result in disciplinary action or termination for failing to drive, regardless of possible safety concerns. OSHA is requiring the employer to compensate the employee for lost wages and has ordered the company to remove any occurrences from the driver's personnel file. The employer will also be required to post a notice for drivers to read and learn about their lawful rights under the STAA.
OSHA enforces the whistleblower provisions of the STAA and 21 other statutes protecting employees who report violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health-care reform, nuclear, pipeline, worker safety, public transportation agency, maritime and securities laws.
More Drivers

Federal Proposal Would Allow Pell Grants for Shorter-Term Job Training
The Department of Labor plans to expand Pell Grant eligibility to some shorter workforce training programs, a move the American Trucking Associations said will help strengthen commercial driver training schools and diesel technician training programs.
Read More →
Owner-Operator Model Gets Boost as DOL Proposes 2024 Independent Contractor Definition Reversal
For an industry that has watched this issue go back and forth for years, the independent contractor proposal marks the latest swing in the regulatory pendulum.
Read More →
FMCSA Reinstates Field Warrior ELD to Registered Device List
One electronic logging device has been reinstated to the FMCSA's list of registered ELDs.
Read More →
How One Company is Using Smart Suspension Technology to Reduce Driver Injuries and Improve Retention
America’s Service Line adopted Link’s SmartValve and ROI Cabmate systems to address whole-body vibration, repetitive strain, and driver turnover. The trucking fleet is already seeing measurable results.
Read More →
CarriersEdge Announces 2026 Best Fleets to Drive For
The 18th annual contest recognizing the best workplaces for truck drivers sees changes to Top 20, Hall of Fame
Read More →
FMCSA Targets 550+ ‘Sham’ CDL Schools in Nationwide Sting Operation
The Federal Motor Carrier Safety Administration issued more than 550 notices of proposed removal to commercial driver training providers following a five-day nationwide enforcement sweep. Investigators cited unqualified instructors, improper training vehicles, and failure to meet federal and state requirements.
Read More →
DOT Alleges Illinois Issued Illegal Non-Domiciled CDLs
Illinois is the latest state targeted and threatened with the loss of highway funding by the U.S. Department of Transportation in its review of states' non-domiciled CDL issuance procedures. The state is pushing back.
Read More →
FMCSA Locks in Non-Domiciled CDL Restrictions
After a legal pause last fall, FMCSA has finalized its rule limiting non-domiciled commercial driver's licenses. The agency says the change closes a safety gap, and its revised economic analysis suggests workforce effects will be more gradual than first thought.
Read More →
Trucker Path Names Top Truck Stops for 2026
Truck driver ratings reveal the best chain and independent truck stops in the country.
Read More →6 Dashcam Tactics to Improve Safety & ROI
6 intelligent dashcam tactics to improve safety and boost ROI
Read More →
