OSHA Fines Asia Pacific Airlines $2M for Retaliation
The US Department of Labor has imposed a substantial penalty on Asia Pacific Airlines (Guam) for retaliating against a pilot who raised critical aircraft safety concerns. Under an order from the Occupational Safety and Health Administration (OSHA), the airline must pay over USD2 million in wages, damages, and legal fees to Captain Brant Swigart. This compensation includes USD419,267 in back pay plus interest, eight years of future salary, USD27,596 in interest on loans, restoration of 401k contributions, USD75,000 in damages, and reasonable attorney fees. Additionally, OSHA has mandated that Asia Pacific Airlines expunge Swigart’s employment record and implement training for current employees on their rights to report safety issues without fear of retaliation.
The case against Asia Pacific Airlines emerged from a three-year investigation that uncovered the airline’s improper handling of maintenance procedures and subsequent retaliation against Captain Swigart. Swigart had consistently voiced concerns that the airline’s maintenance team was approving maintenance and repair reports without accurately diagnosing engine problems. The investigation revealed that the maintenance team employed incorrect procedures to troubleshoot and diagnose engine malfunctions, making it impossible to identify and fix issues before the aircraft were cleared for flight.
OSHA Assistant Regional Administrator Ryan Himes criticized the airline’s actions, stating, “Asia Pacific Airlines has shown an unacceptable and potentially catastrophic disregard for safety and shamefully viewed pilots’ safety concerns as employee conflicts.” The investigation found that the airline not only ignored Swigart’s safety concerns but also retaliated against him for exercising his federally protected rights. On at least one occasion, Swigart refused to fly an aircraft due to engine reliability issues, specifically citing an uncommanded engine shutdown, which was directly linked to the maintenance problems he had reported.
In response, Asia Pacific Airlines has vehemently disagreed with OSHA’s findings. The airline contends that Swigart was terminated following a serious safety breach at Honolulu on November 21, 2021. In its statement, Asia Pacific Airlines asserted that the Department of Labor overlooked significant evidence, including sworn statements from material witnesses, which the airline claims undermined Swigart’s credibility. The company maintains that Swigart was dismissed due to performance issues, such as prematurely powering up a Boeing 757’s engines and initiating taxi operations while ground crew members were still in close proximity to the aircraft. Furthermore, the State of Hawaii denied Swigart unemployment benefits, citing violations of company policies and confirming that he was “accountable for this potential fatal error” and “was negligent to such a degree to show misconduct.”
Asia Pacific Airlines plans to formally appeal OSHA’s decision and has requested a hearing before an Administrative Law Judge. The airline’s appeal will likely involve presenting additional evidence and testimonies to contest the findings of the investigation.
Asia Pacific Airlines operates a fleet of three Boeing 757-200PCFs and one Boeing 757-200PF, which serve scheduled routes between Guam and destinations including Chuuk, Hong Kong International, Honolulu, Koror, Kosrae, Kwajalein Island, Majuro, Pohnpei, and Yap. The airline is wholly owned by Saipan-based Tan Holdings Corporation, which oversees its operations and strategic direction.
The OSHA order serves as a significant reminder to aviation companies about the importance of adhering to safety protocols and respecting the rights of employees who report safety concerns. It underscores the federal government’s commitment to ensuring that airlines maintain high safety standards and provide a safe working environment for their staff.
As Asia Pacific Airlines moves forward with its appeal, the outcome of this case will have broader implications for the aviation industry, particularly regarding how airlines handle internal safety concerns and protect whistleblowers. The resolution of this dispute will not only impact the financial standing of Asia Pacific Airlines but also set a precedent for future cases involving employee retaliation and safety compliance within the aviation sector.
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Sources: AirGuide Business airguide.info, bing.com, ch-aviation.com