Court sides with truck driver turned OSHA whistleblower

Sources: Occupational Safety and Health Administration; CP staff U.S. District Court for the Northern District of Illinois has approved the settlement of an Occupational Safety and Health Administration whistleblower investigation revealing how Advance Disposal Services Waste Midwest LLC retaliated against a driver who reported a workplace injury and raised concerns that an unrepaired truck was unsafe to operate. The court…

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ADA proves no shield for obese driver refusing sleep apnea test

Sources: U.S. Court of Appeals for the Eighth Circuit, St. Louis; Littler P.C., San Francisco; CP staff

A three-judge Appellate Court panel has affirmed a U.S. District Court decision favoring Lincoln, Neb.-based Crete Carrier Corp., which had defended a policy subjecting drivers with body mass index (BMI) of 35 or higher to testing for risk of obstructive sleep apnea (OSA)—where tissues around the upper respiratory tract relax and physically block the airway.

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