Whistleblower Frequently Asked Questions

What is the Whistleblower Protection Program?
The Whistleblower Protection Program provides for the protection of air carrier industry employees from discharge or otherwise being discriminated against for providing information related to air carrier safety to their employer or the federal government.

Who is an Air Carrier Industry Employee?
Air Carrier Industry Employees include all employees of air carriers, contractors, and subcontractors of air carriers.

What are some examples of "discrimination?"
Discrimination can occur in many forms. The most common are: retaliation, threats, reprisals, reprimands, intimidation, and/or discharge.

What is "information related to air carrier safety?"
Any safety concern relating to any violation or alleged violation of any FAA Order, Regulation, or Standard.

What is an "Air Carrier Contractor?"
An Air Carrier Contractor is a company that performs safety sensitive functions by contract for an air carrier.

Who enforces the law?
The Adminstrator of the FAA and the Secretary of the Department of Labor (DOL) have joint responsibilities for the enforcement of the Whistleblower Proctection Program.

FAA is responsible for investigating complaints related to air carrier safety.

DOL is responsible for investigating complaints of discrimination.

In addition to enforcing safety regulations, FAA may also issue civil penalties to persons that violate the provisions of the Whistleblower Protection Program (49 USC section 46301).

I am an employee of an air carrier. If I know my employer is compromising safety in some way and I blow the whistle on them, can they discriminate against me?
No, your employer cannot discriminate against you. An air carrier, or contractor or subcontractor of an air carrier, may not discharge you or in any other way discriminate against you, an employee, because you did or are about to do one of the following eight actions:

1. Provided to the Federal Government or to your employer information relating to any violation of any order, regulation, or standard of the FAA or any other provision of Federal law relating to air carrier safety;
2. Caused to be provided to the Federal Government or your employer information relating to any violation of any order, regulation, or standard of the FAA or any other provision of Federal law relating to air carrier safety;
3. Are about to provide to the Federal Government or your employer information relating to any violation of any order, regulation, or standard of the FAA or any other provision of Federal law relating to air carrier safety;
4. Filed a proceeding relating to any violation of any order, regulation, or standard of the FAA or any other provision of Federal law relating to air carrier safety;
5. Caused to be filed a proceeding relating to any violation of any order, regulation, or standard of the FAA or any other provision of Federal law relating to air carrier safety;
6. Are about to file or cause to be filed a proceeding relating to any violation of any order, regulation, or standard of the FAA or any other provision of Federal law relating to air carrier safety;
7. Testified or are about to testify in a proceeding relating to any violation of any order, regulation, or standard of the FAA or any other provision of Federal law relating to air carrier safety; or
8. Assisted or participated in, or are about to assist or participate in, a proceeding relating to any violation of any order, regulation, or standard of the FAA or any other provision of Federal law relating to air carrier safety;

What employees are covered by the Whistleblower Protection Program?
ALL employees of:

1. An air carrier
2. A company that performs safety sensitive functions by contract for an air carrier
3. A subcontractor of an air carrier

What should I do if I know of a violation?
You should immediately report it to the nearest FAA Flight Standards District Office.

What should I do if I am discharged or otherwise discriminated against for reporting a violation?
Within 90 days after the discrimination, you or another person at your request may file a complaint with the Secretary of the United States Department of Labor. The Secretary of Labor has delegated the authority to receive discrimination complaints to the Occupational Safety and Health Administration (OSHA). Filing your complaint with any OSHA officer or employee is sufficient, according to 29 CFR 1978.102 Filing of discrimination complaint. However, please file your complaint with the nearest Federal OSHA Regional Office. Please see the OSHA Regional Office List to find the address of the nearest Federal OSHA Regional Office.

What should I do if my discharge or discrimination happened more than 90 days ago?
You may still file your complaint, or another person at your request may file your complaint, with the OSHA Area Director acting on behalf of the Secretary of Labor, but the OSHA Area Director may decline your complaint as untimely.

What should I include in my complaint?
You should include the following five items in your complaint:

1. Your name, address, and telephone number;
2. The specific order, regulation, or standard of the FAA, or the specific provision of Federal law in question;
3. The name of the person who discharged or otherwise discriminated against you;
4. One or more of the following allegations:
   1. I provided, caused to be provided, or was about to provide, to my employer information about a violation of an order, regulation, or standard of the FAA or another provision of Federal law relating to air carrier safety.
   2. I provided, caused to be provided, or was about to provide, to the Federal Government information about a violation of an order, regulation, or standard of the FAA or another provision of Federal law relating to air carrier safety.
   3. I filed, caused to be filed, or was about to file or cause to be filed, a proceeding relating to a violation of an order, regulation, or standard of the FAA or another provision of Federal law relating to air carrier safety.
   4. I testified or was about to testifiy in a proceeding relating to a violation of an order, regulation, or standard of the FAA or another provision of Federal law relating to air carrier safety.
   5. I assisted or participated in, or was about to assist or participate in, a proceeding relating to a violation of an order, regulation, or standard of the FAA or another provision of Federal law relating to air carrier safety; and
5. Any other facts, data, and applicable circumstances.

Public Law: Protection of Employees Providing Air Safety Information.