Limited Protections for Employees

Who Refuse to Work

AIR21 does not expressly provide protection

for an employee who refuses to work

because of an alleged airline safety violation by an employer. The Secretary of

Labor, however, interprets this statute to

protect refusals to work when an employee

has a reasonable belief that his or her working conditions are unsafe, and he or she

does not receive an adequate explanation

from a responsible official that the conditions are safe.

Unfavorable Personnel Actions

Your employer may be found to have violated this statute if your protected activity was

a contributing factor in its decision to take

an unfavorable personnel action against

you. Such actions may include:

• Firing or laying off

• Blacklisting

• Demoting

• Denying overtime or promotion

• Disciplining

• Denying benefits

• Failing to hire or rehire

• Intimidation

• Reassignment affecting promotion

prospects

• Reducing pay or hours

Deadline for Filing a Complaint

Complaints must be filed within 90 days

after the alleged unfavorable personnel

action occurs (that is, when you become

aware of the retaliatory action).

On April 5, 2000, the Wendell H. Ford

Aviation Investment and Reform Act for the

21st Century (AIR21) was enacted establishing retaliation protections for employees of

air carriers and their contractors or subcontractors.

Covered Employees

Under AIR21, an employee of an air carrier

or its contractors or subcontractors is protected from retaliation for reporting alleged

violations of federal laws related to aviation

safety.

“Air carrier” is defined as a citizen of the

United States undertaking by any means,

directly or indirectly, to provide air transportation. It does not include foreign air carriers. “Contractor” is defined as a company

that performs a safety-sensitive function by

contract for an air carrier.

Protected Activity

If your employer is covered under AIR21, it

may not discharge or in any other manner

retaliate against you because you provided

information to, or caused information to be

provided to your employer or the federal

government about an alleged violation of

federal laws of the Federal Aviation Administration (FAA) or any other provision of federal law related to air carrier safety. Your

employer may not discharge or in any manner retaliate against you because you filed,

caused to be filed, participated in, or assisted in a proceeding under one of these laws.

(To obtain more information about air carrier safety laws, please visit the FAA website

at, www.FAA.gov).

FactSheet

Whistleblower Protection for

Employees in the Aviation Industry

Employees of air carriers are protected from retaliation for reporting potential

aviation safety violations to their employers or the federal government.
How to File a Complaint

An employee, or representative of an

employee who believes that he or she has

been retaliated against in violation of this

statute may file a complaint with OSHA.

The complaint should be filed with the

OSHA office responsible for enforcement

activities in the geographical area where the

employee resides or was employed, but

may be filed with any OSHA officer or

employee. For more information, call your

closest OSHA Regional Office:

• Boston (617) 565-9860

• NewYork (212) 337-2378

• Philadelphia (215) 861-4900

• Atlanta (404) 562-2300

• Chicago (312) 353-2220

• Dallas (972) 850-4145

• Kansas City (816) 283-8745

• Denver (720) 264-6550

• San Francisco (415) 625-2547

• Seattle (206) 553-5930

Addresses, fax numbers and other contact

information for these offices can be found

on OSHA’s website, www.osha.gov, and in

local directories.

Complaints must be filed in writing, by mail

(we recommend certified mail), fax, or

hand-delivery during business hours. The

date postmarked, faxed or hand-delivered is

considered the date filed.

This is one in a series of informational fact sheets highlighting OSHA programs, policies or

standards. It does not impose any new compliance requirements. For a comprehensive list of

compliance requirements of OSHA standards or regulations, refer to Title 29 of the Code of Federal

Regulations. This information will be made available to sensory impaired individuals upon request.

The voice phone is (202) 693-1999; teletypewriter (TTY) number: (877) 889-5627.

Results of the Investigation

If the evidence supports your claim of retaliation and a settlement cannot be reached,

OSHA will issue an order requiring your

employer to reinstate you with the same

seniority, pay back-wages, restore benefits,

and other possible relief to make you whole.

OSHA’s findings and order become the final

order of the Secretary of Labor, unless they

are objected to within 30 days.

Hearings and Review

After OSHA issues its findings and order,

either party may request an evidentiary

hearing before an administrative law judge

of the Department of Labor. The administrative law judge’s decision and order may be

appealed to the Department’s Administrative Review Board for review.

To Get Further Information

For more information on AIR21 and other

employee whistleblower protection provisions, including copies of the statutes and

regulations, go to www.osha.gov and click

on the link for the “Whistleblower

Protection.”

For information on the Office of Administrative Law Judges procedures, decisions and

research materials, go to www.oalj.dol.gov

and click on the link for “Whistleblower.”

U.S. Department of Labor

www.osha.gov

(800) 321-OSHA

For more complete information:

DEP 1/2008