Company ordered to rehire, compensate trucker in weather-related refusal-to-drive firing

Image: Freight Rite, Inc.

A box truck driver will receive almost $200,000 from a trucking company that fired him after he refused to drive in bad weather.

According to a late-June press release from the U.S. Department of Labor (DOL), the Occupational Safety and Health Administration (OSHA) ordered Florence, Kentucky-based Freight Rite, Inc. to reinstate the driver. He was fired after refusing to operate a commercial motor vehicle in hazardous road conditions caused by winter weather.

OSHA also ordered the company to pay the driver $31,569 in back wages and interest, $100,000 in punitive damages, and $50,000 in compensatory damages and reasonable attorney fees. In addition, OSHA has ordered the company to refrain from retaliating against the driver.

“OSHA inspectors determined that the employee advised the company’s management of his reasonable apprehension of danger to himself and to the general public due to the hazardous road conditions,” the agency said in a press release. Michael D’Aquino of the DOL told FreightWaves that the driver’s concern stemmed from a winter storm near Lexington, Kentucky on January 16, 2018. The driver’s termination was a violation of the Surface Transportation Assistance Act (STAA) according to OSHA. The driver was not identified because the DOL does not release names of employees involved in whistleblower complaints.

OSHA enforces the whistleblower provisions of STAA and 21 other statutes protecting employees who report violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, motor vehicle safety, healthcare reform, nuclear, pipeline, public transportation agency, railroad, maritime and securities laws. Under the Occupational Safety and Health Act, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to help ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance.

“Forcing drivers to operate a commercial motor vehicle during inclement weather places their lives and the lives of others at risk,” said OSHA Regional Administrator Kurt Petermeyer in the press release. “This order underscores the agency’s commitment to protect workers who exercise their right to ensure the safety of themselves and the general public.”

FreightWaves contacted Freight Rite for comment on separate occasions in the past week via email and telephone, but did not receive a response.

According to its website, Freight Rite is a last-mile logistics service provider to nationally known manufacturers and retailers. The company also offers services such as installation, assembly and haul away, and has several warehousing sites.

Freight Rite can appeal the order by requesting a full hearing before a DOL administrative law judge. The judge’s decision may then be appealed to the Department’s Administrative Review Board.

Upcoming FreightWaves Events
Compliance

Brokerage Compliance Symposium

The day before F3. Every compliance issue you face - fraud exposure, carrier liability, FMCSA rules, cargo theft, insurance gaps - navigated by attorneys and operators defining best practices in a changing industry.

October 26, 2026
The Signal at Chattanooga Choo Choo • Chattanooga, TN
Register Now
Awards

F3 Awards Dinner

The night before F3. FreightTech100 companies honored. FreightTech 25 and Shipper of Choice winners revealed live. Cocktail reception into dinner and live music - 300 industry leaders in one purpose-built room.

October 26, 2026
The Signal at Chattanooga Choo Choo • Chattanooga, TN
Register Now
FreightTech

F3: Future of Freight Festival

Industry-defining keynotes, rapid-fire technology demos, and industry leaders networking in experiences across Chattanooga - plus the inaugural F3 Awards Dinner featuring the FreightTech and Shipper of Choice reveals.

October 27, 2026 – October 28, 2026
The Signal at Chattanooga Choo Choo • Chattanooga, TN
Register Now
Compliance Brokerage Compliance Symposium Oct 26 • The Signal at Chattanooga Choo Choo • Chattanooga, TN

The day before F3. Every compliance issue you face - fraud exposure, carrier liability, FMCSA rules, cargo theft, insurance gaps - navigated by attorneys and operators defining best practices in a changing industry.

The Signal at Chattanooga Choo Choo • Chattanooga, TN Register Now
Awards F3 Awards Dinner Oct 26 • The Signal at Chattanooga Choo Choo • Chattanooga, TN

The night before F3. FreightTech100 companies honored. FreightTech 25 and Shipper of Choice winners revealed live. Cocktail reception into dinner and live music - 300 industry leaders in one purpose-built room.

The Signal at Chattanooga Choo Choo • Chattanooga, TN Register Now
FreightTech F3: Future of Freight Festival Oct 27 – Oct 28 • The Signal at Chattanooga Choo Choo • Chattanooga, TN

Industry-defining keynotes, rapid-fire technology demos, and industry leaders networking in experiences across Chattanooga - plus the inaugural F3 Awards Dinner featuring the FreightTech and Shipper of Choice reveals.

The Signal at Chattanooga Choo Choo • Chattanooga, TN Register Now