[Congressional Record Volume 142, Number 138 (Monday, September 30, 1996)]
[Senate]
[Page S11981]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KERRY:
  S. 2168. A bill to amend title 49, United States Code, to provide 
protection for airline employees who provide certain air safety 
information, and for other purposes; to the Committee on Commerce, 
Science, and Transportation.


                   THE AVIATION SAFETY PROTECTION ACT

  Mr. KERRY. Mr. President, in an effort to increase overall safety of 
the airline industry, I am introducing the Aviation Safety Protection 
Act of 1996, which would establish whistle blower protection for 
aviation workers.
  The worker protections contained in the Occupational Safety and 
Health Act [OSHA] are of great importance to American workers. A number 
of members of this body have worked hard to maintain those protections. 
OSHA properly protects both private and Federal Government employees 
who report health and safety violations from reprisal by their 
employers. However, because of a loophole, aviation employees are not 
covered by these protections. Flight attendants and other airline 
employees are in the best position to recognize breaches in safety 
regulations and can be the critical link in ensuring safer air travel. 
Currently, those employees face the possibility of harassment, 
discipline, and even termination if they work for unscrupulous airlines 
and report violations.
  Aviation employees perform an important public service when they 
choose to report safety concerns. No employee should be put in the 
position of having to choose between his or her job and reporting 
violations that threaten the safety of passengers and crew. For that 
reason, we need a strong whistle blower law to protect aviation 
employees from retaliation by their employers when reporting incidents 
to Federal authorities. Americans who travel on commercial airlines 
deserve the safeguards that exist when flight attendants and other 
airline employees can step forward to help Federal authorities enforce 
safety laws.
  This bill would close the loophole in OSHA law and provide the 
necessary protections for aviation employees who provide safety 
violation information to Federal authorities or testify or assist in 
disclosure of safety violations. The act provides a Department of Labor 
complaint procedure for employees who experience employer reprisal for 
reporting such violations, and assures that there are strong 
enforcement and judicial review provisions for fair implementation of 
the protections. The act also protects airlines from frivolous 
complaints by establishing a fine which will be imposed on an employee 
who files a complaint if the Department of Labor determines that there 
is no merit to the complaint.
  I want to acknowledge the leadership of Representative Clyburn who 
has introduced the bill in the House of Representatives as H.R. 3187. I 
am pleased to introduce the companion legislation in the Senate.
  This bill will provide important protections to aviation workers and 
the general public. I urge my colleagues to join me in supporting it.
                                 ______