Employee Rights
If your employer is an air carrier, or a
contractor or subcontractor of an air carrier, and
retaliates against you because you are involved in
raising concerns or reporting violations of airline
safety rules and regulations to your employer or
to the federal government, you can contact
OSHA for help.
Legal Protection
The Wendell H. Ford Aviation Investment and
Reform Act for the 21st Century (AIR 21)
protects workers against retaliation for reporting
violations of laws related to airline safety. These
airline safety laws include any order, regulation
or standard of the FAA, or any other provision of
federal law relating to air carrier safety. AIR 21
also protects workers against retaliation for filing,
causing to be filed, participating in, or assisting in
a proceeding related to any violation of those
airline safety laws. To obtain more information on
the orders, regulations or standards of the FAA,
go to www1.FAA.gov.
Work Refusal
AIR 21 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 or unhealthful, and
he or she does not receive an adequate
explanation from a responsible official that the
conditions are safe.
Retaliatory Actions
Employer discrimination against employees
who exercise their legal rights under Air 21 is
prohibited. Such discrimination may include the
following actions:
¦ Blacklisting
¦ Demotion
¦ Discharge or layoff
¦ Failure to hire or rehire
¦ Harassment
¦ Suspension
¦ Disciplinary actions—such as assigning to
undesirable shifts, denying overtime or
promotion, disallowing benefits, or reducing
pay or hours
Complaints
If you believe that your employer retaliated
against you because you exercised your legal
rights as an employee concerning airline safety,
contact your local OSHA office within 90 days
of the alleged retaliation. Fax or mail your
complaint to the OSHA office listed on the
OSHA website at www.osha.gov. OSHA will
review the complaint to determine whether to
conduct an investigation, and will conduct an
investigation in accordance with the statutory
requirements. OSHA will not inquire into the
immigration status of the complainant as part of
the investigation. OSHA will issue findings and
an order on a complaint that becomes the final
order of the Secretary if it is not appealed. After
OSHA issues its findings and order, either party
may request a full hearing before an administrative
law judge of the Department of Labor. An
administrative law judge’s decision and order
may be reviewed by the Department’s
Administrative Review Board.
Compensation
If a decision is made in your favor, you are
entitled to the restoration of your job, earnings,
and benefits. You also are entitled to
compensatory damages and the costs and
expenses (including attorney’s and expert
witness fees) reasonably incurred in connection
with the filing of your complaint. If your complaint
is found to be frivolous or brought in bad faith,
you may be liable for attorney’s fees up to $1,000.
2003
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. See also OSHA’s
website at www.osha.gov.
More Information
To get more information on whistleblower
provisions of other laws, go to www.osha.gov,
click on W in the site index, then click on
Whistleblowers. OSHA has various
publications, standards, technical assistance,
and compliance tools to help you, and offers
extensive assistance through workplace
consultation, voluntary protection programs,
strategic partnerships, alliances, state plans,
grants, training, and education. OSHA’s Safety
and Health Program Management
Guidelines (54 Federal Register 3904-3916,
1/26/89) detail elements critical to the
development of a successful safety and health
management system. This and other information
are available on OSHA’s website.
¦ For one free copy of OSHA publications, send a
self-addressed mailing label to OSHA
Publications Office, 200 Constitution Avenue NW,
Room N-3101, Washington, DC 20210; or
send a request to our fax at (202) 693-2498,
or call us toll-free at (800) 321-OSHA.
¦ To order OSHA publications online, go to
www.osha.gov, find Newsroom in the side
bar on the right, click on Publications, and
follow the instructions for ordering.
¦ To file a complaint by phone, report an
emergency, or get OSHA advice, assistance,
or products, contact your nearest OSHA office
under the U.S. Department of Labor listing in
your phone book, or call toll-free at (800)
321-OSHA (6742). The teletypewriter
(TTY) number is (877) 889-5627.
¦ To file a complaint online or obtain more
information on OSHA federal and state
programs, visit OSHA’s website.
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