Date: 201503
Local time of day: 0001-0600
Location: IAH.Airport, TX
Reporter organization: Air Carrier
Reporter function: Captain
Reporter qualification: Flight Crew Air Transport Pilot (ATP)
Human factors: Fatigue; Other / Unknown
Anomaly: Deviation / Discrepancy - Procedural FAR; Flight Deck / Cabin / Aircraft Event Illness / Injury
Detector: Person Flight Crew
When detected: In-flight; Routine Inspection
Result: Flight Crew Took Evasive Action
Contributing factors: Human Factors; Company Policy
Primary problem: Ambiguous

Narrative: At XA00 I was lying in bed trying to decide my best option. I'd been awake twenty hours; I had a sore throat; stuffy nose and head; and a tickly cough. Right outside my window there was a large HVAC unit on the roof of the next-door building. This unit kicked on and off; intermittently; throughout the night. I hadn't slept all night. This three-day trip had started I hadn't noticed any symptoms before departure but; during the first two legs; I began to notice - the First Officer (FO) was sniffling; coughing; and blowing his nose. We went to the downtown layover and had an uneventful and restful layover.On Day Two; we were to fly one leg. The inbound crew wrote up the right engine for some strange shutdown anomaly; which required an engine run before boarding. The coordination with dispatch; maintenance; and local staff took some time.  After completing the engine run; the station began boarding. During boarding; I noticed the FOs symptoms were deteriorating. I mentioned it to him. He said he'd had a bad cold a week earlier but thought he was getting over it.  I considered having him refuse himself from the flight but realized that it would take another hour or so to get a reserve pilot to the airport and we were already running late due to the engine run. I knew from prior experiences that management does not like to delay flights for safety reasons and they will discipline pilots who do so. So we continued.During taxi out the FOs conditions became quite poor. He was now sniffling continuously and coughing quite frequently; and his cough was raspy and deep. I was pretty concerned for my own health but I also considered that it would be just one leg and I could see how we both felt there.During the flight the FOs conditions remained poor.  He should not have been flying; pursuant to FAR's and OSHA regulations. He took cough lozenges during flight. And; I began to feel my throat getting sore and began to get a sniffle.  I sneezed a few times.  I coughed once or twice.We arrived and rode the car to the downtown quarters.  I usually do not sleep well here due to the thin walls and noises coming from outside and from within the dormitory. I lay there in the bed and tried to sleep; but the noises outside the window and my sniffles and cough and sore throat kept me awake. All night.At XA00; I realized that it would not be safe for TWO pilots with head colds to fly a [city pair] round-trip. ZZZZ is particularly challenging and also high altitude; I think it requires at least ONE healthy; rested pilot. I had to decide what to do.One option would have been to call the Duty Manager and request that the FO be replaced for the trip based on his cold symptoms. I should mention; I've done some research and discovered that federal OSHA regulations require companies to have programs in place to ensure that workers do not come to work sick and infect other workers.  Our company does not have such programs in place and seems to be non-compliant with OSHA regs. (I will file an OSHA report based on this.) In fact; in prior similar instances; when I've called the Chief Pilot to discuss how to handle flying with a sick FO; I've been told I should fly or risk termination. So I've never asked to have an FO removed; I always wait and; if I develop symptoms; I call sick myself.  This seems unfair that I should have to use my sick time and tarnish my employment record because the company is non-complaint with OSHA and because the company pressures pilots to fly while sick; but it is what it is.Another option would be to suck it up and fly the [city pair] turn. As the Chief Pilot would say; 'Tell me; what's unsafe about that?'  But; I decided that having two pilots with head colds on a turn was probably not a safe choice.The last two options were the sick call and the fatigue call.  I really felt that fatigue was the primary issue - I was fatigued due to lack of sleep. And; again; I feel it unfair that I should be forced to use my sick bank to protect the safety of the operation when an FO comes to work sick and when the company elects to use noisy dorms like these. Further; I know that when I call sick I must make a visit to the doctor to get a note filled out under the company's sick pilot harassment program. But; I also remembered how the crew desk has been asking pilots (who have called fatigued) when they would be ready to fly and then reassigning them to later flights.  This happened to me recently.  There was no scenario I could imagine where I'd be well and rested anytime soon. I needed to get home to my quiet bedroom and get some good rest.  Remaining in the hotel the rest of the day to be reassigned to fly later that night was not really an option.  Based on this analysis; I elected to make a sick call.  I deadheaded home and I slept 8 hours during the day at home and another 9 hours at night. Today I will go; while suffering a sore throat and cough and running nose; to the hospital to get a doctor note for the harassment program.The real issue here was that - yet another - FO felt it was okay; or even encouraged; to report to a trip with a head cold. This needs to be addressed in this corporate culture. The secondary issue is that I was fatigued and could not safely operate the [city pair] turn.  That I had to resort to using my own sick time bank to solve this situation reflects the poor; poor management systems and pressures in place at this airline.I am filing concurrent reports with the FAA and with OSHA. If any manager feels the need to question me or threaten me with respect to this event or this report; I will also file whistleblower actions with the FAA and OSHA to report such unlawful retaliation.




Synopsis: Air carrier Captain laments his company's sick leave and fatigue call policies.