Labor & Employment Law

One-day suspension without pay recommended as the penalty for operating a truck without wearing a seatbelt

One-day suspension without pay recommended as the penalty for operating a truck without wearing a seatbelt

New York City Department of Sanitation v Wright, OATH Index No. 2490/09

OATH Administrative Law Judge Tynia Richard found that the Department of Sanitation established that one of its drivers, Kenneth Wright, was operating his truck without wearing a seatbelt.

Wright admitted that he had unlatched his seatbelt while at a red light, but explained that he had done so only because his right side mirror had dislodged and he needed to exit the truck to adjust it.

Without crediting Wright's explanation, the ALJ ruled that even had he done so, Wright had not made his ?defense of necessity? because he should have pulled over to a safe place to make the adjustment, rather than attempting to fix the mirror in the middle of a busy intersection.

The recommended penalty: a one-day suspension without pay.

The decision is posted on the Internet at:

Dep't of Sanitation v. Wright

Full post as published by New York Public Personnel Law on May 27, 2009 (boomark / email).