Limited Protections for EmployeesWho Refuse to WorkAIR21 does not expressly provide protectionfor an employee who refuses to workbecause of an alleged airline safety viola-tion by an employer. The Secretary ofLabor, however, interprets this statute toprotect refusals to work when an employeehas a reasonable belief that his or her work-ing conditions are unsafe, and he or shedoes not receive an adequate explanationfrom a responsible official that the condi-tions are safe.

Unfavorable Personnel ActionsYour employer may be found to have violat-ed this statute if your protected activity wasa contributing factor in its decision to takean unfavorable personnel action againstyou. Such actions may include:

Firing or laying off Blacklisting Demoting Denying overtime or promotion Disciplining Denying benefits Failing to hire or rehire Intimidation Reassignment affecting promotion

prospects Reducing pay or hours

Deadline for Filing a ComplaintComplaints must be filed within 90 daysafter the alleged unfavorable personnelaction occurs (that is, when you becomeaware of the retaliatory action).

On April 5, 2000, the Wendell H. FordAviation Investment and Reform Act for the21st Century (AIR21) was enacted establish-ing retaliation protections for employees ofair carriers and their contractors or subcon-tractors.

Covered EmployeesUnder AIR21, an employee of an air carrieror its contractors or subcontractors is pro-tected from retaliation for reporting allegedviolations of federal laws related to aviationsafety.

Air carrier is defined as a citizen of theUnited States undertaking by any means,directly or indirectly, to provide air trans-portation. It does not include foreign air car-riers. Contractor is defined as a companythat performs a safety-sensitive function bycontract for an air carrier.

Protected ActivityIf your employer is covered under AIR21, itmay not discharge or in any other mannerretaliate against you because you providedinformation to, or caused information to beprovided to your employer or the federalgovernment about an alleged violation offederal laws of the Federal Aviation Admini-stration (FAA) or any other provision of fed-eral law related to air carrier safety. Youremployer may not discharge or in any man-ner retaliate against you because you filed,caused to be filed, participated in, or assist-ed in a proceeding under one of these laws.(To obtain more information about air carri-er safety laws, please visit the FAA websiteat, www.FAA.gov).

FactSheetWhistleblower Protection forEmployees in theAviation IndustryEmployees of air carriers are protected from retaliation for reporting potentialaviation safety violations to their employers or the federal government.

How to File a ComplaintAn employee, or representative of anemployee who believes that he or she hasbeen retaliated against in violation of thisstatute may file a complaint with OSHA.

The complaint should be filed with theOSHA office responsible for enforcementactivities in the geographical area where theemployee resides or was employed, butmay be filed with any OSHA officer oremployee. For more information, call yourclosest OSHA Regional Office:

Boston (617) 565-9860 NewYork (212) 337-2378 Philadelphia (215) 861-4900 Atlanta (404) 562-2300 Chicago (312) 353-2220 Dallas (972) 850-4145 Kansas City (816) 283-8745 Denver (720) 264-6550 San Francisco (415) 625-2547 Seattle (206) 553-5930

Addresses, fax numbers and other contactinformation for these offices can be foundon OSHAs website, www.osha.gov, and inlocal directories.

Complaints must be filed in writing, by mail(we recommend certified mail), fax, orhand-delivery during business hours. Thedate postmarked, faxed or hand-delivered isconsidered the date filed.

This is one in a series of informational fact sheets highlighting OSHA programs, policies orstandards. It does not impose any new compliance requirements. For a comprehensive list ofcompliance requirements of OSHA standards or regulations, refer toTitle 29 of the Code of FederalRegulations. This information will be made available to sensory impaired individuals upon request.The voice phone is (202) 693-1999; teletypewriter (TTY) number: (877) 889-5627.

Results of the InvestigationIf the evidence supports your claim of retali-ation and a settlement cannot be reached,OSHA will issue an order requiring youremployer to reinstate you with the sameseniority, pay back-wages, restore benefits,and other possible relief to make you whole.

OSHAs findings and order become the finalorder of the Secretary of Labor, unless theyare objected to within 30 days.

Hearings and ReviewAfter OSHA issues its findings and order,either party may request an evidentiaryhearing before an administrative law judgeof the Department of Labor. The administra-tive law judges decision and order may beappealed to the Departments Administra-tive Review Board for review.

To Get Further InformationFor more information on AIR21 and otheremployee whistleblower protection provi-sions, including copies of the statutes andregulations, go to www.osha.gov and clickon the link for the WhistleblowerProtection.

For information on the Office of Administra-tive Law Judges procedures, decisions andresearch materials, go to www.oalj.dol.govand click on the link for Whistleblower.

U.S. Department of Laborwww.osha.gov(800) 321-OSHA

For more information:

DEP FS-3670 1/2008