OSHA Orders Reinstatement of Fired Whistleblower Pilot

The Occupational Safety and Health Administration (OSHA) has ordered Air Methods Corp. to reinstate a medical transport helicopter pilot after he was unlawfully fired for refusing to fly in hazardous conditions.

With over operations in 42 states and 300 bases, Air Methods Corp. is the country's largest air medical transportation service provider. The company is based in Englewood, Colorado, although it services from the east coast to the west coast.

Case Background

Reports indicate that the pilot, whose name is being withheld, refused to fly over a mountainous region after discovering a faulty emergency transmitter beacon on June 30, 2013. When the pilot notified his peers of the issue, he was was placed on administrative leave the following day. And on August 5, 2013, Air Methods Corp. terminated his employment.

Regulation

Under the Whistleblower Protection Program, employers are prohibited from retaliating against employees who raise protected concerns or provide protected information. Furthermore, the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21) protects pilots from being fired, demoted, or other types of retaliation for reporting safety violations. The Federal Aviation Administration (FAA) gives pilots full authority over determining whether or not an aircraft is safe to operate. OSHA cited its Whisteblower program, AIR21, and other statutes when announcing this order.

OSHA's Ruling

So, what type of punishment can Air Medical Corp. expect to receive in the wake of this incident? OSHA has ordered the well-known air medical transportation services company to pay the fired whisteblower pilot $158,000 in back wages, as well as $8,500 in punitive damages. Air Medical Corp. must also remove any disciplinary information from the pilot's record.

"Pilots should never have to choose between the safety of themselves and their passengers, and their job," said Nick Walters, OSHA's regional administrator in Chicago. "Whistleblower protections are critical to keeping workplaces safe. Disciplining an employee for following safety procedures is illegal and puts everyone at risk."

Summary

Of course, this story goes back to the underlying principle of OSHA -- to create a safe working environment for all employees, including pilots. If a pilot is coerced into flying an unsafe aircraft, the employer should be held responsible, which is exactly what happened in the case of Air Methods Corp.

Do you agree with OSHA's decision to reinstate the pilot? Let us know in the comments section below!