whistleblower protection program osha faa. whistleblower protection program (air 21) wendell h. ford...

Whistleblower Protection Program

OSHAFAA


(AIR 21)Wendell H. Ford Aviation Investment and Reform Act for

the 21st Century

PUBLIC LAW 106-181, SECTION 519PROTECTION OF EMPLOYEES PROVIDING AIR

SAFETY INFORMATION.

SUBCHAPTER III-- Whistleblower Protection Program

codified at 49 U.S.C. § 42121 and

49 U.S.C. § 46301


Gene Kirkendall FAA, Whistleblower Protection Program Manager

AFS-3

U. S. Department of Transportation

Federal Aviation Administration

Flight Standards Service

Air Transportation Division

Washington, DC 20591


What is the Whistleblower Protection Program?

This law protects air carrier, contractor and subcontractor employees

–Against discrimination –for reporting air safety information.


Who is covered by the Program?

• ALL employees of:

– An air carrier;

– An air carrier contractor,and

– A subcontractor of an air carrier.


An employer can not discriminate against the employee because they

• provided,

• cause to be provided, or

• are about to provide to the employer or to the Federal Government

• information relating to any violation or alleged violation of any order, regulation, or standard of the FAA or any other provision of Federal law relating to air carrier safety.


Also, an employer can not discriminate against them because they

• filed, • caused to be filed, or • are about to file a proceeding relating to any

violation or alleged violation of any order, regulation, or standard of the FAA or any other provision of Federal law relating to air carrier safety.


What is the criteria for protection?

1. They must be a covered employee, and

2. The information they report must be about a violation or alleged violation related to air carrier safety, and

3. They must, believe they have been discriminated against for reporting the safety information.


What is Air Carrier Safety Information?

Any safety information they believe is a

• violation of an FAA regulation, order, or standard, or

• any other federal law that implicates any aspect of the safety and/or security of U.S. air carriers.


Examples of safety information

• Falsification of records • Flight and Rest

requirements • Inadequate required

training • Improper

manufacturing procedures

• Crewmember medical qualifications

• Security breaches • Aircraft parts

production• Improper repairs• Maintenance practices• Instructions not to

write up discrepancies • etc.


What is Discrimination?

Any Unfavorable Personnel Action or Disparate Treatment With Respect to Compensation,

Terms, Conditions, or Privileges of Employment


Examples of Discrimination

• Retaliation

• Intimidation

• Threats

• Reprisals

• Reprimands

• Suspension

• Change of working condition

• Demotion

• Discharge


When should they file?

• Complaints must be filed within 90 days after the date on which the alleged discrimination occurred

• They may also notify the FAA.

• The FAA will forward their complaint to OSHA.


Who enforces the law?

FAA and the Secretary of Labor have joint responsibilities.

• FAA investigates allegations related to safety.

• DOL investigates allegations of discrimination– through The Occupational Safety and Health

Administration (OSHA).


Additional Civil Penalty,

• In addition to any safety related enforcement action,

• FAA may issue civil penalties for violations of 49 U.S.C. § 42121.


OSHA’s Responsibility

• Investigate complaints of discrimination and may order a violator to;

• Abate the violation,

• Reinstate the complainant to his or her former position with back pay, and

• Award compensatory damages, including attorney fees.


FAA/OSHA MOU

FAA and OSHA entered into a Memorandum of Understanding in March 2002 – Facilitate coordination and cooperation and – agreed to follow a process for supporting

enforcement of the provisions.


Special Enforcement Consideration

• FAA Order 2150.3, Compliance and Enforcement Program, contains FAA policy and procedures on providing immunity from enforcement action.


How do they "BLOW THE WHISTLE?"

• Initial safety complaints may be made to the employer or

• reported directly to a FSDO or• the FAA Safety Hotline at 1-800-255-1111

(Press 1 for main menu then press 1). • Air carrier security complaints should be

reported directly to TSA • TSA Hotline at 1-866-289-9673.


Do they need to request protection before they report a safety violation?

• No, they are already protected under the law.• Not Whistleblower until discrimination action occurs


Do they have to file the discrimination complaint with OSHA themselves?

• No, a representative such as a;

• spouse, parent,

• union representative, or

• legal counsel can file a discrimination complaint with on their behalf.


Can they file anonymously?

• No, to be afforded the protection of the Program, they must give both FAA and OSHA their name.


Can their identity be kept confidential?

• Yes, to a point, but certain safety information that is considered emergency in nature or time critical may require the immediate disclosure of their identity by the FAA in the interest of aviation safety.

• Additionally, OSHA will identify them in the complaint once it is filed against the company.


What if the discrimination was more than 90 days ago?

• They may still file their complaint,

• OSHA may dismiss their complaint as untimely.– However, they will be afforded appeal rights.

• FAA may still investigate the safety information they provide.


Frivolous complaint provision

• If the Secretary of Labor finds that a complaint is frivolous or has been brought in bad faith,

• The Secretary of Labor may award to the prevailing employer a reasonable attorney's fee not exceeding $1,000.


Will FAA conduct an investigation?

• Yes, FAA will conduct an investigation of the alleged safety violations,

• providing the investigation was not previously conducted as a safety only complaint,

• or FAA will forward the complaint to the Transportation Security Administration (TSA) for air carrier security complaints.


Will they be notified of the results of the FAA investigation?

• Each complainant will receive a letter notifying them of the results

• The investigation established that a violation may have occurred and appropriate enforcement or corrective action will be taken, or

• has not established that a violation occurred and our case is closed.


FAA AUTHORITY

• TITLE 49--TRANSPORTATION

• SUBTITLE VII--AVIATION PROGRAMS

• PART A--AIR COMMERCE AND SAFETY

• subpart iii--safety

• CHAPTER 447--SAFETY REGULATION


Sec. 44701. General requirements (a) Promoting Safety.

• The Administrator of the Federal Aviation Administration shall promote safe flight of civil aircraft in air commerce by prescribing--– (1) minimum standards required in the interest

of safety for appliances and for the design, material, construction, quality of work, and performance of aircraft, aircraft engines, and propellers;


FAA ORDERS

• 49 USC 106 (f) Authority of the Secretary and the Administrator

• Regulations, Rules, Orders, Circulars, Bulletins and other official pubs.– Inspector Handbooks, notices, etc.


FAA STANDARDS, REGULATIONS

• 14 CFR Chapter I

• Subchapter A- Definitions

• Part 1- Definitions and abbreviations


FAA Regulations

• Aircraft, Part 21, 25, 33, 35, 39, 43

• Airmen, Part 61, 63, 65, 67

• Air traffic, Part 91

• Air carrier Part 119, 121, 129, 135,

• Airports, 139

• Schools, Part 141, 142, 145, 147

• Hazmat Part 172, 173, 175


Security Regulations U.S. Dept of Homeland Security,

Transportation Security Administration (TSA)

• Old Part 107 Airport security

– (now 49 USC 1542)

• Old Part 108 Airplane operator security

– (now 49 USC 1544)

• Old Part 109 Indirect air carrier security

– (now 49 USC 1548)


Complaints are received from;

• FAA WBPP Hotline,

• FAA Safety Hotline,

• FAA Web page, (electronic form)

• DOT OIG Hotline,

• OSHA field offices and

• FAA field offices,


OSHA Discrimination Investigation

• The Department of Labor, through OSHA conducts an investigation concerning the allegations of discrimination.


DOL issues a final order of finding,

• The FAA issues civil penalty action against the company for violating the whistleblower law.


FAA Whistleblower Hotline

• Is for filing a whistleblower complaint – after they have been involved in a protected

activity and

– received some type of discrimination.

• It is not the place to blow the whistle. • 1-800-255-1111


More information

www.faa.gov/about/initiatives/whistleblower/policy/

whistleblower protection program osha faa. whistleblower protection program (air 21) wendell h. ford...

Documents

protection of employees

air carrier safety information

air carrier contractor

air carriers

alleged violation

privileges of employment

federal government information

safety andor security