Pilot
fired after reporting possible FAA violations is reinstated
Aviation Regulation Workers Comp Coverage
The U.S. Occupational Safety and Health Administration has ordered a small
Boston-based airline to reinstate a pilot who lost his job after complaining
about what he believed were violations of the Federal Aviation Administration
regulations, the department announced Wednesday.
The pilot was stationed at Hanscom Air Force Base in Bedford in December 2015
when he voiced concerns to his employer, Jet Logistics Inc. and New England
Life Flight Inc., doing business as Boston MedFlight, his apprehension about
whether a new scheduling policy would provide pilots with required FAA rest
time, according to a press release.
A month later, in January 2016, he contacted the FAA to register his concerns
and was terminated in March 2016 after he declined two flight assignments
because he believed he had not been given the time to rest mandated by
regulation.
An OSHA investigation concluded the pilot was terminated for reporting safety
concerns, a protected activity under federal law.
In addition to reinstating the employee, and clearing his personnel file of any
reference to the issues involved in the investigation, OSHA also ordered the
airline to pay the pilot $133,616.09 in back wages and interest, $100,000 in
compensatory damages, reasonable attorney fees and to refrain from retaliating
against the employee. The employers must also post a notice informing all
employees of their whistleblower protections under federal law.
"This pilot should be commended - not penalized - for raising legitimate
safety concerns that can affect him, his co-workers and the general
public," Galen Blanton, OSHA Boston-area regional administrator, said in a
press statement.
Officials with Boston MedFlight could not be reached for comment.
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