When It's Broke... Fix It!
For those who do not know the story behind the AIR21 law change, please read the article and view the video below:
By Maximus Aviation
This law change is not to go after Delta. They are simply the poster child for what is wrong with the law. The AIR21 statute must be changed because many airlines have and will continue to retaliate against employees despite the current statute. Delta has simply identified that the law is ineffective by their behavior and ability to destroy a pilot and her career.
Delta has proven that an airline can continue to operate in the same unsafe manner that was brought to their attention, despite the AIR21 statute. Delta management has shown that it is possible for an airline to pay a doctor for a false diagnosis and hide it from the stockholders by making him a vendor. Delta has proven that airlines can violate a court order by withholding discovery and then perjure themselves in court without consequence. They also showed their ability to spend millions of stockholder dollars to enact a war of attrition on a pilot who was promoting safety.
Retaliation is a violation of Safety Management Systems (SMS). SMS is a Federal Regulations that mandates a reporting culture to ensure employees can identify and report risk without retaliation. Delta has proven that an airline can violate regulatory standards without consequence. For all these reasons, the law must change. Below is the requested change. Please, send it to your local newspapers, senators, congressmen, representatives, or anyone you can think of. Together, we can improve safety.
Naming Convention Proposal
References to the AIR21 statute should be changed from the “Whistleblower Law” to the Safety Advocate Law.
Statute of Limitations Proposal
Extend the statute of limitations to file an AIR21 complaint to 300 days.
OSHA Process ProposalOSHA should be required to determine within a maximum of two months only the following three facts: 1) Did the employee report safety concerns to management, 2) did the employee suffer an adverse action, and 3) was there temporal proximity from the report to the adverse action. If those points are satisfied, then OSHA rules on behalf of the employee. The airline can then appeal to address those facts and causation.
Protected Activity ProposalAnything an employee reports in good faith to improve safety of airline operations will be deemed “protected activity” under the AIR21 statute in alignment with SMS.
Naming All Involved ProposalEnable complainants to name specific individuals in the AIR 21 complaint in addition to the organization.
Damages ProposalIf found in violation of the AIR21 statute, the Administrative Law Judge has the authority to fine the airline any amount the ALJ deems appropriate for the situation and apply punitive and compensatory damages.
Legal Fees ProposalThe employee will receive all attorney fees and all associated legal expenses.
I'm asking you to share the link with ten or more people and ask them to do the same. I'm asking all my International friends who are passionate about safety and concerned with the trajectory of our industry to sign. I intend on making this a world law. One step at a time.
THANK YOU!Enjoy the Journey!