WASHINGTON, D.C. | February 5, 2025 — Ongoing headlines reporting tragic airline safety issues, dangerous aircraft manufacturing practices, and aviation whistleblower retaliation require that Congress reevaluate the anti-retaliation framework protecting aviation whistleblowers. National Whistleblower Center is launching a campaign to redress longstanding problems in 49 U.S.C § 42121, the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (“AIR21”), the major airline safety whistleblower law which prohibits airline companies and manufactures from retaliating against employees who blow the whistle on safety failures and dangerous manufacturing practices. NWC urges that Congress close a technical loophole compromising whistleblowers’ preliminary reinstatement and calls for an Executive Order by President Trump to mandate that the Department of Labor (“DOL”) Occupational Safety and Health Administration (“OSHA”) abide by the legally mandated 60-day window for investigating aviation whistleblower complaints.
Preliminary Reinstatement is guaranteed under AIR21 in Section (b)(2)(A). However, this protection is excluded from enforcement by the courts, outlined in Section (b)(5) and (b)(6)(A). This oversight has enabled aircraft manufacturers such as Boeing to deny preliminary reinstatement orders without repercussion for decades, leaving terminated employees to face enduring financial hardship while their retaliation cases are adjudicated in court for years. This practice was seen in the case of the late Boeing whistleblower John Barnett, who fought his retaliation case until his death.
Compounding this issue, OSHA lacks adequate staff and resources to investigate aviation whistleblower complaints within the expeditious 60-day timeline mandated by AIR21. We urge President Trump to issue an Execute Order to mandate that the agency increase its staffing and resources to abide by this Congressionally mandated window.
We urge our supporters to join our campaign and contact their Representatives, Senators, and the White House today. It is imperative that this technical loophole is closed, and that OSHA is fitted with the resources required to address emergent, life-threatening safety problems in the aviation industry.
NWC Board Chairman Stephen Kohn is available for comment. For more information, contact NWC at info@whistleblowers.org.
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NWC is the leading nonprofit working with whistleblowers worldwide to fight corruption and protect people and the environment. For over 30 years, NWC has won policies to protect whistleblowers from retaliation and reward them for helping deliver criminal and civil penalties against wrongdoers.
