Had Refused To Fly 'Unsafe' Medical Transport Helicopter

The U.S. Department of Labor's Occupational Safety and Health Administration has ordered Air Methods Corp. to reinstate a pilot who had refused to fly a medical helicopter with an inoperative ELT and was subsequently fired by the company.

Air Methods Corp. has been ordered to reinstate the pilot, pay $158,000 in back wages and $8,500 in damages, and remove disciplinary information from the employee's personnel record. In addition, the company must provide whistleblower rights information to all employees.

OSHA found that Air Methods Corp., the largest U.S. provider of air medical transportation services, violated the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21) when it fired the pilot who was assigned to the company's Lucasville, Ohio station. AIR21 protects employees who report air safety information. Federal Aviation Administration regulation requires pilots in command of a civil aircraft to determine if an aircraft is in a condition for safe flight.

"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."

OSHA found that Air Methods fired the pilot in retaliation for his refusal to fly a helicopter with an emergency locator transmitter that was not functioning properly on July 30, 2013. The employee was placed on administrative leave the following day and terminated on Aug. 5, 2013.

Any of the parties in this case can file an appeal with the department's Office of Administrative Law Judges.

FMI: www.osha.gov, www.whistleblowers.gov