Civil Penalty Lodged Against The Cargo Hauler Near $700,000

The FAA on Friday announced it has levied civil penalties against two companies; Fed-Ex and ERA Helicopters.

The FAA alleges that in 89 instances from June 13 to Sept. 4, 2009, FedEx failed to provide pilots-in-command with complete, accurate information on the nature, quantity and weight of hazardous materials loaded on their aircraft. Pilots-in-command must be given this information under hazardous materials regulations. 

The FAA also alleged that FedEx accepted four shipments of hazardous materials for transportation by air when those materials were not accurately described and certified in the accompanying shipper’s documents. The shipments were accepted between June 18 and Aug. 26, 2009. The alleged violations were found during an FAA dangerous goods inspection at the FedEx cargo-handling facility at Bradley International Airport near Hartford, CT, from Aug. 31 to Oct. 1, 2009.

“Pilots must know they are carrying dangerous goods so they can take all necessary safety precautions,” said FAA Administrator Randy Babbitt. “Shippers and airlines must follow the rules so they are able to move these materials safely.”

The agency has proposed a fine of $689,800 against the freight hauler, which has 30 days from the receipt of the FAA’s enforcement letters to respond to the agency.

The other fine has been levied against ERA Helicopters of Lake Charles, LA, for violations of the FAA’s drug and alcohol testing program regulations.

In proposing a $194,249 civil penalty, the FAA alleges ERA failed to conduct required pre-employment drug tests and receive verified negative test results in 2010 before hiring eight employees to perform safety-sensitive duties. The FAA also cited ERA for allegedly failing to conduct required random testing of at least 25 percent of its safety-sensitive employees during 2009.

In addition, the FAA alleges that on Mar. 15, 2010, ERA returned an individual to safety-sensitive duties who had tested positive for drug use earlier, but failed to obtain documentation that the individual had completed return-to-duty requirements before assigning him to flight crewmember duties.

The FAA also cited ERA for failing to implement a reasonable program of follow-up drug and alcohol testing for a different employee in 2009 in accordance with the schedule prescribed by an ERA substance abuse professional. The company removed the employee from safety-sensitive duties for refusing to take a random drug test. He later completed return-to-duty drug and alcohol testing, but the FAA said ERA did not complete required follow-up random testing after he returned to duty.

The company has since modified its hiring and drug testing programs to bring them into compliance with regulations.

Like Fed-Ex, ERA Helicopters has 30 days from the receipt of the FAA’s enforcement letter to respond to the agency.

FMI: www.faa.gov