PhD. MBA. MHS.
A350, B777, A330, B747-400, B747-200, B767, B757, B737, B727
When the System is Broken
The reason Aviation Regulations exist are to protect the traveling public. But when an Airline does not follow regulations and when the FAA tends to look the other way when that happens, and the AIR21 statute does not punish or prevent retaliation against those who report safety, the accident rate will increase.
Delta has proven this theory to be true. I am not saying this is not ongoing at other airlines, but I am closely familiar what is happening at Delta.
Safety Management Systems (SMS) was enacted to reduce the accident rate. This risk mitigation tool requires a positive safety culture. A positive safety culture requires a reporting, learning, informed and just culture. I believe everything an airline does reflects its safety culture.
Unfortunately, Delta Air Lines disagrees. Delta told the Judge, during my trial, that Safety Culture was a vague sort of term.
“The word Safety Culture used in this case quite a bit, and that's a vague sort of a term, Safety Culture. I think Ms. Petitt will contend that pretty much everything an air carrier does, from interpersonal relationships to diversity, to compensation, to allegations of unequal treatment, all that impacts Safety Culture in some way.”
Delta’s accident rate is increasing annually, despite their SMS. What is frightening, is that there are only 6 months remaining until the end of 2023 and nothing appears to be changing. There is no accountability at the airline.
Delta mechanic Mark Wheeler's hpurs were cut because he reported that Delta failed to address an AD for over 14 years. Last week Delta lost two different motions to dismiss cases brought against the company. One case was a flight attendant was repeatedly raped by her Delta pilot husband, and the company did nothing to him and retaliated against her. The other was harassment and retaliation of Captain Ratfield. She had the audacity to report a Delta pilot for putting a gun into his mouth and threatening to kill himself, multiple times. The company took no action with the pilot, but they ultimately locked her down in an alcohol treatment center for five months, after she was raped, telling her she would be terminated if she did not comply.
I know of other events where NDA's were signed, and others where pilots were terminated. But they each began with safety concerns. Yes, Safety Culture is in everything. It's the Culture of the airline. A negative safety culture will impact the accident rate.
DELTA ACCIDENTS
Why is Delta’s accident rate at an all-time high?
More so, why is this airline's accident rate increasing? Safety Management Systems is a Federal Regulation that was enacted to mitigate risk. Delta has an SMS, so why isn't it working?
To be effective, SMS requires a positive safety culture. A positive safety culture requires every employee to feel comfortable to report safety concerns free from retaliation. That could be the reason right there.
I read an excellent an article by Robert Sumwalt: Convinced That You Have a Good Safety Culture?
Sumwalt
Sumwalt asserts a healthy safety culture is “where employees feel comfortable reporting safety concerns. To create a robust reporting culture, the organization needs trust and a just culture. Without a robust reporting culture, safety problems can go unresolved.”
Captain Sumwalt also warned us to, “Beware when someone tells you they have a good safety culture or that safety is their top priority.” He stated,
During his deposition, Ed Bastian testified:
I’m guessing Captain Sumwalt is waving his BS flag at Delta’s CEO and Chairman of the Board, Ed Bastian, and Endeavor's CEO, James Graham.
Safety Culture permeates every part of the company. I based my doctoral research on the operational procedures at Delta, and the results were jaw dropping. You can read them in Normalization of Deviance, a Threat to Aviation Safety.
The results of my research were based upon a worldwide population, not just Delta. But Delta was the reason behind the research. Delta Air Lines has proven the impact of a negative safety culture and that the AIR12 statute is ineffective if the airline decides to engage in a war of attrition.
Unfortunately Delta’s Safety record is getting worse, not better. There have been 90 accidents worldwide in the previous 6 months, and Delta has had five of them. This means that Delta had just under 6% of the world accidents in the previous six months.
Until airline management can hold themselves accountable and take the necessary steps to solve safety concerns, instead of retaliating against employees who report them, I’m afraid these accidents won’t go away, but will continue to grow as they have.
I cannot speak to other airlines, because I do not have the first-hand knowledge that I do with Delta. But I can tell you that if the government doesn’t crack down on the FAA to enforce regulations and ensure accountability, and if they do not change the AIR21 Statute ,with much needed improvements to ensure employees are free to speak out, everyone will be playing Russian Roulette when they get on an airplane.
The data from the accidents came from Aeroinside.com an excellent source. Check out your favorite airline and see how they are doing.
This conference is a two-day event that focuses on spreading awareness and networking within the safe workspace & whistleblowing community. There will be variety of high-profile attorneys, social workers, and congressional guest speakers who are spearheading the movement, as well as whistleblowers. I will be the keynote speaker. If you need someone to talk to about your event, this is the place to be. If your health is suffering from your event, you won't want to miss my talk.
How Good Is Your Training?
Last week I shared a book by David Kern, Introduction to Fly-By-Wire Control Systems, to help pilots understand the fly-by-wire aircraft. There became quite a debated on who is responsible for training, that began with the following comment:
"Writing books trying to explain or teach airplane systems should be the sole business of the manufacturer, the airliner operator and the official training provider."
During my research I queried pilots on performance, training, passion, manual flight and safety culture. I had asked the pilots surveyed if they used supplemental training information such as study guides, notes from friend and or on-line training material beyond company provided materials, and was it necessary.
As it turned out, of the 7,490 pilots spanning the globe who responded, 80% stated that they had used supplemental training information during their initial checkout, and 50% of those pilot’s said that supplemental information was necessary.
What would happen if those pilots relied on the company training manuals and aircraft system's manual if those weren't enough?
Is it the responsibility of the pilot to get what they need on their own if the airline's training is substandard and the systems manuals don't improve understanding? And if pilots are not writing these books, where will the pilots find the needed information? Level of understanding is the key to operational performance... more so in a Fly-By-Wire aircraft. I want to applaud all those who help fill that void with your writing.
What do you think?
If you're interested in the results and more... check out:
Normalization of Deviance A Threat to Aviation Safety!
A Total Understanding
Anyone who knows David Kern also knows that he enjoys both writing and reading books, especially books about aviation. We recently connected and I had the opportunity to read his book, Introduction to Fl-by-Wire Control Systems
David wrote this book because he wanted to improve aviation safety through a better understanding of modern aircraft controls. He did just that in his book. And you will benefit from his effort. It's an easy read, not a heavy book. It's fly-by-wire made simple.
Cannot Be Silenced
From: FAA Hotline (fhis@faa.gov)
To: (Mark Wheeler Email redacted)
Date: Monday, December 9, 2019, 01:48 PM EST
Dear Mr. Mark Wheeler:
The FAA’s Delta Airlines Certificate Management Office has completed their investigation of your safety allegations in case S20190916002. The investigation found that current procedures and policies are not adequate for the manuals where a nondescript designation of calibrated test equipment is to be used. Accordingly, the FAA is taking appropriate action to address the matter.
Thank you for bringing this matter to our attention.
Sincerely,
Reporting and Data Analysis BranchFederal Aviation Administration Office of Audit and Evaluation800 Independence Avenue SW, Room 911 |Washington DC 20591
Instead, when his fellow aircraft mechanics were recalled from a COVID-related furlough, Delta refused to restore Mark to his regular forty- hour work week. Mark filed an AIR21 complaint.
In a decision issued July 28, 2023, Federal Administrative Law Judge Theodore W. Annos held that Aviation Maintenance Technician Mark Wheeler had engaged in protected whistleblower activity by communicating to his supervisors and the Federal Aviation Administration (FAA) that Delta Air Lines’ tooling equivalency process was not in compliance with federal standards.
Judge Annos found that it was “undisputed” that Delta had taken an adverse action against Mr. Wheeler. The issues of Delta’s liability and damages remains to be determined in a full trial pursuant to the AIR 21 whistleblower statute.
Bret Oestreich, President of the Aircraft Mechanics Fraternal Association (AMFA), which represents aviation maintenance technicians at numerous airlines, including Southwest, Alaska, and Spirit, commented:
"Failing to comply with an FAA Airworthiness Directive for over fourteen years is jaw- slackening. If there is any non-compliance related to an aircraft’s electrical system, that plane is un-airworthy, period. That plane should not be in the National Air Space; it should be on the ground getting fixed.”
“Delta needs to overhaul its maintenance culture.”
Samuel Seham, Mark Wheeler's attorney, states:
“An aircraft mechanic who identifies violations of FAA safety standards should receive a commendation, rather than suffer an adverse action.”
Having lived an Air21 battle with Delta I was hoping the culture would have changed, but it has not. The problem is that the AIR21 Law does not have punitive damages, there is no accountability, and insurance finances the airline's legal bills. Without appropriate punishment against the individuals involved inappropriate behavior will continue and safety will be in jeopardy.
If you are an airline employee who has been harmed because you are attempting to improve safety, you need to reach out to Seham, Seham, Meltz & Petersen, LLP.
Mark Wheeler's representation is Samuel Seham, the son of my attorney Lee Seham. Both are brilliant, honest, and have a full understanding of employment law. But this huge win against Delta's high-powered outsourced attorneys goes to Samuel Seham. Well deserved.
Seham, Seham, Meltz & Petersen, LLP