A major statutory loophole is undermining the law protecting airline safety whistleblowers, according to whistleblower advocates. National Whistleblower Center is urging Congress and the White House to act immediately and address the issues which are endangering airline safety whistleblowers and having a chilling effect on other would-be-whistleblowers.
In response to a number of high-profile airline safety incidents, Congress passed the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21) in 2000. The law prohibits airline companies and aircraft manufacturers from retaliating against employees who blow the whistle on safety failures and dangerous manufacturing practices.
Under the law, whistleblowers who face retaliation are able to file complaints with the Occupational Safety and Health Administration (OSHA), which enforces more than 20 separate whistleblower statutes. Within 60 days of receipt of the complaint, the Secretary of Labor will investigate to determine if there is “reasonable cause” to believe the complaint has merit. The Department of Labor can then order the company to preliminarily reinstate the whistleblower, meaning the whistleblower can go back to work while their case proceeds.
However, delays caused by understaffing and a lack of resources as well as a statutory loophole relating to enforcement of preliminary reinstatement orders mean that these provisions are not working they way Congress intended.
“While AIR21 outlines an...
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