[Federal Register Volume 67, Number 169 (Friday, August 30, 2002)]
[Notices]
[Pages 55883-55884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22280]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration


Notice of Signing of a Memorandum of Understanding Between the 
Federal Aviation Administration (FAA) and the Occupational Safety and 
Health Administration (OSHA)

August 30, 2002.
AGENCIES: Occupational Safety and Health Administration, Department of 
Labor and Federal Aviation Administration, Department of 
Transportation.
SUMMARY: The Federal Aviation Administration (FAA) and the Occupational 
Safety and Health Administration (OSHA) entered into a Memorandum of 
Understanding (MOU), effective March 22, 2002. The purpose of the MOU 
is to facilitate coordination and cooperation concerning the employee 
protection provisions of the Aviation Whistleblower Protection Program, 
49 U.S.C. 42121. Both agencies agree that administrative efficiency and 
sound enforcement policies will be maximized by this cooperation and 
the timely exchange of information in areas of mutual interest. The 
text of the MOU is set forth below.

FOR FURTHER INFORMATION CONTACT: John Spear, Occupational Safety and 
Health Administration, Room N03468, 200 Constitution Avenue, NW., 
Washington, DC 20210, telephone (202) 693-2187. This is not a toll-free 
number.

    Authority: 49 U.S.C. 42121; Secretary of Labor's Order No. 3-
2000, 65 FR 50017 (August 16, 2000).

    Signed at Washington, DC, this 15 day of August, 2002.
    For the Occupational Safety and Health Administration.
John L. Henshaw,
Assistant Secretary, Occupational Safety and Health Administration.

Memorandum of Understanding Between The Federal Aviation 
Administration, U.S. Department of Transportation and The Occupational 
Safety and Health Administration, U.S. Department of Labor

I. Purpose

    The purpose of this Memorandum of Understanding (MOU) is to 
facilitate coordination and cooperation concerning the protection of 
employees who provide air safety information under the provisions of 
Section 519 of the Wendell H. Ford Aviation Investment and Reform 
Act for the 21st Century, 49 U.S.C. 42121.

II. Background

    The Aviation Whistleblower Protection Program, 49 U.S.C. 42121, 
prohibits air carriers, air carrier contractors, and air carrier 
subcontractors from discharging an employee or otherwise 
discriminating against an employee with respect to compensation, 
terms, conditions, or privileges of employment because the employee 
(or any person acting pursuant to a request of the employee)--(1) 
Provided, caused to be provided, or is about to provide (with any 
knowledge of the employer) or cause to be provided to the employer 
or Federal Government information relating to any violation or 
alleged violation of any order, regulation, or standard of the 
Federal Aviation Administration (FAA) or any other provision of 
Federal law relating to air carrier safety under this subtitle or 
any other law of the United States; (2) has filed, caused to be 
filed, or is about to file (with any knowledge of the employer) or 
cause to be filed a proceeding relating to any violation or alleged 
violation of any order, regulation, or standard of FAA or any other 
provision of Federal law relating to air carrier safety under this 
subtitle or any other law of the United States; (3) testified or is 
about to testify in such a proceeding; or (4) assisted or 
participated or is about to assist or participate in such a 
proceeding.
    FAA and the Secretary of Labor, through the Occupational Safety 
and Health Administration (OSHA), both have responsibilities related 
to 49 U.S.C. 42121. FAA has responsibility to investigate complaints 
related to air carrier safety and has authority under the FAA's 
statute to enforce air safety regulations and issue sanctions to 
airmen and air carriers for noncompliance with these regulations. 
FAA enforcement action may include air carrier and/or airman 
certificate suspension and/or revocation and/or the imposition of 
civil penalties. Additionally, FAA may issue civil penalties for 
violations of 49 U.S.C. 42121. OSHA has the responsibility to 
investigate employee complaints of discrimination and may order a 
violator to take affirmative action to abate the violation, 
reinstate the complainant to his or her former position with back 
pay, and award compensatory damages, including attorney fees.
    Although FAA and OSHA will carry out their statutory 
responsibilities independently, the agencies agree that 
administrative efficiency and sound enforcement policies will be 
maximized by cooperation and the timely exchange of information in 
areas of mutual interest.

III. Process for Coordination

    This MOU sets forth a process that FAA and OSHA agree to follow.
    FAA and OSHA will establish a procedure for coordinating and 
supporting enforcement of 49 U.S.C. 42121. OSHA agrees to promptly 
notify the FAA national headquarters Whistleblower Protection 
Program point of contact of any discrimination complaints

[[Page 55884]]

filed with the Department of Labor (DOL) under 49 U.S.C. 42121. OSHA 
will promptly provide FAA with a copy of the complaint, findings and 
preliminary orders, investigation reports, and orders associated 
with any hearing or administrative appeal related to the complaint. 
OSHA will also keep FAA currently informed of the status of any 
administrative or judicial proceeding seeking review of an order of 
DOL issued under 49 U.S.C. 42121.
    When an individual directly notifies FAA of alleged 
discrimination that involves air carrier safety, FAA will 
investigate the safety complaint and will provide OSHA with a copy 
of the individual's allegations. FAA will inform the individual that 
a personal remedy for discrimination is available only through DOL 
and that the individual should personally contact DOL. FAA will 
provide the individual with the local address and telephone number 
of the nearest OSHA office and advise the individual that the law 
requires that complaints be filed with OSHA within ninety (90) days 
of the alleged discrimination.
    FAA and OSHA agree to cooperate with each other to the fullest 
extent possible in every case of alleged discrimination involving an 
employee of air carrier or air carrier contractor or subcontractor 
of an air carrier. Each agency agrees to share all information it 
obtains relating to each complaint of discrimination and will adopt 
mutually agreeable procedures for the protection of information that 
either agency deems confidential.
    Each agency shall designate and maintain points of contact 
within its national headquarters and regional offices for purposes 
of implementation of this MOU and continued program oversight. A 
national headquarters Aviation Whistleblower Protection Program 
point of contact will be established and identified by each agency 
within ten (10) days after the effective date of this agreement. 
Regional office points of contact for each agency will be identified 
within six (6) months after the effective date of this agreement. 
Matters affecting program procedures and policy issues will be 
handled by the respective national headquarters office of each 
agency.

IV. Implementation

    The FAA official responsible for implementation of this 
Agreement is the FAA Administrator; the DOL official responsible for 
implementation of this Agreement is the OSHA Assistant Secretary.

V. Amendment and Termination

    This Agreement may be amended or modified upon written agreement 
by both parties to the Agreement. The Agreement may be terminated 
upon ninety (90) days written notice by either party.

VI. Legal Effect

    Nothing in this MOU is intended to diminish or otherwise affect 
the authority of either agency to implement its respective statutory 
functions, including the OSHA authority under the Occupational 
Safety and Health Act, 29 U.S.C. 651 et seq., nor is it intended to 
create any right or benefit, substantive or procedural, enforceable 
at law by a party against the United States, its agencies, its 
officers, or any other person. This MOU is effective upon signature 
by both parties.


    Dated: March 11, 2002.
Jane F. Garvey,
Administraton, Federal Aviation Administration, U.S. Department of 
Transportation.

    Dated: March 22, 2002.
John L. Henshaw,
Assistant Secretary, Occupational Safety and Health, U.S. Department of 
Labor.

[FR Doc. 02-22280 Filed 8-29-02; 8:45 am]
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