OSHA Issues Seven Figure Award to Airline Whistleblower

The Occupational Safety and Health Administration (“OSHA”) of the Department of Labor (“DOL”) reported today that it has ordered AirTran Airways to reinstate a pilot who was fired after he reported multiple mechanical issues that implicated aircraft safety.  OSHA also awarded the pilot more than $1 million in back wages, interest, and compensatory damages after an investigation by OSHA’s Whistleblower Protection Program found that the pilot’s termination was an act of retaliation in violation of the whistleblower provision of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, commonly called “AIR21.”

The pilot alleged that he was removed from flight status in August 2007 following his repeated reporting of mechanical concerns.  In September 2007, he took part in an internal investigative hearing with AirTran officials, which lasted all of 17 minutes.  A week later, AirTran terminated the pilot’s employment, claiming he had failed to satisfactorily answer a question during the meeting.  OSHA found that “the pilot did not refuse to answer any questions during the hearing, answers to questions were appropriate, and the action taken by the airline was retaliatory.”

Dr. David Michaels, the Assistant Secretary of Labor for OSHA, noted in a press release announcing the action that “Retaliating against a pilot for reporting mechanical malfunctions is not consistent with a company that values the safety of its workers and customers.  Whistleblower laws are designed to protect workers’ rights to speak out when they have safety concerns, and the Labor Department will vigilantly protect and defend those fundamental rights.”  Michaels continued, “Airline workers must be free to raise safety and security concerns, and companies that diminish those rights through intimidation or retaliation must be held accountable.  Airline safety is of vital importance, not only to the workers, but to the millions of Americans who use our airways.”