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Tennessee Trucking Company Agrees to Settle OSHA Whistleblower Lawsuit and Reinstate Employee

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Mark Alvis Inc., a trucking company based in Brush Creek, Tennessee, has agreed to pay $30,000 and reinstate a whistleblower who the company allegedly fired because he refused to make an illegal delivery.

On May 4, 2010, the employee injured himself while preparing a milk delivery.  When the company assigned him to make another delivery, he refused because he was tired and ill and did not have sufficient allowable service hours to make the drive the delivery required. When the employee returned to Bush Creek, the company told him to remove his belongings from the site. The Occupational Safety and Health Administration (OSHA) found that the company’s actions violated the Surface Transportation Assistance Act.

OSHA’s regional administer in Atlanta, Cindy A. Coe, said, “OSHA will continue to ensure that America’s truck drivers’ right to refuse to drive when they are fatigued, ill or in violation of hours-of-service requirements is not undermined.”

The Employment Law Group® law firm has an extensive nationwide whistleblower practice representing employees who have been victims of retaliation.

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