It is common knowledge that drivers’ DAC reports may contain at least a few bits of incorrect information. Often the errors are honest mistakes, but every now and again carriers will submit false reports with the intention of harming a driver’s career. In fact, the Occupational Safety and Health Administration (OSHA) has just ordered the mega-carrier Prime to pay a fine for “blacklisting” a driver and “sabotaging” his career.

Back in 2008, an unnamed driver injured his back on the job and was taking prescription medicine for the injury. As he is supposed to do, the driver left his job until he could again safely operate a truck. By 2009 the driver had recovered, received his doctor’s approval to return to work, and started sending out job applications for trucking jobs at other companies. Despite his good driving record, he was unable to find a trucking company that would hire him. It was then that he discovered that Prime had submitted false information to be listed on his DAC report.





The driver contacted OSHA who pursued Prime and has just issued them a fine for their treatment of the driver. They will pay $41,373.34 for lost wages including interest; $40,000 for compensatory damages for pain, suffering, emotional distress and loss of home and property; and $20,000 for punitive damages “in light of the company’s reckless and callous disregard for the worker’s rights.” All in, OSHA has awarded the driver over $100,000 to be paid from Prime’s pocket.

Prime issued a statement declaring that they would not discuss an issue that is pending litigation, but that they would be “appealing this investigative finding and litigation will begin shortly.”

“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 OSHA’s Robert Kulick. “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.”

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Source: overdrive, fleetowner