In August, 2013 we posted an article “OSHA in the Sky – FAA Policy on Application of OSHA Standards for Aircabin Crewmembers” – reporting on the FAA’s August 27, 2013 final policy statement outlining three areas where OSHA could regulate for cabin crewmembers  while on board an aircraft in operation. Flightcrew members (i.e. pilots and co-pilots) do not fall within the definition of “cabin crewmembers” and, therefore, are not covered by the new regulations. The three standards which OSHA began enforcing are: hearing conservation standard (29 C.F.R. § 1910.95), bloodborne pathogen standard (29 C.F.R. § 1910.30), and hazard communication standard (29 C.F.R. § 1910.1200). Although the policy took effect on September 26, 2013, OSHA only began enforcing the standards this year on March 26, 2014.

The recent Memorandum of Understanding which became effective on August 26, 2014, spells out the procedural process whereby the FAA and OSHA will enforce those three standards. Complaints or referrals received by OSHA pertaining to noise, bloodborne pathogens and/or hazard communication will be subject to OSHA’s phone/fax method. Under this “inspection” method, OSHA will respond to a complaint or referral by telephoning the employer, describing the alleged hazard, and follow up with a fax or letter. The employer then will have 5 days to respond to OSHA in writing, identifying any hazards it has found and the corrective action taken or planned to fix the hazard(s). If OSHA is satisfied with the employer’s response, an onsite inspection is unlikely and the only action will be to send a copy of the employer’s response to the employee who filed the original complaint. If the employee is not satisfied with the employer’s response, he/she may request an onsite inspection. In the event that an inspection would be required while an aircraft is in operation, OSHA and FAA will coordinate the process.

OSHA and the FAA will meet semi-annually for the next two years to monitor the implementation of the policy statement. There are no plans to expand the scope of OSHA’s jurisdiction over airline aircabin crewmembers beyond these three standards, and the previously approved regulations on recordkeeping and access to employee exposure and medical records.  However, should a decision be made in the future to add more standards, OSHA and the FAA will go through a process, including notifications in the Federal Register, similar to the process they went through to implement the hearing conservation standard (29 C.F.R. § 1910.95), bloodborne pathogen standard (29 C.F.R. § 1910.30), and the hazard communication standard (29 C.F.R. § 1910.1200).

To read more about this, go to:

http://www.faa.gov/about/initiatives/ashp/media/OSH-standards-aircraft-cabin-crewmembers.pdf

http://www.faa.gov/about/initiatives/ashp/media/FAA_OSHA_MOU_2014.pdf

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Photo of Tressi L. Cordaro Tressi L. Cordaro

Tressi L. Cordaro is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. She is co-leader of the firm’s Workplace Safety and Health Practice Group. She advises and represents employers on occupational safety and health matters before federal and state…

Tressi L. Cordaro is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. She is co-leader of the firm’s Workplace Safety and Health Practice Group. She advises and represents employers on occupational safety and health matters before federal and state OSHA enforcement agencies.

Ms. Cordaro has advised employers faced with willful and serious citations as the result of catastrophic events and fatalities, including citations involving multi-million dollar penalties. Ms. Cordaro’s approach to representing an employer cited by OSHA is to seek an efficient resolution of contested citations, reserving litigation as the option if the client’s business objectives cannot otherwise be achieved. As a result, she has secured OSHA withdrawals of citations without the need for litigation.

Ms. Cordaro’s unique experience with government agencies involved in OSHA enforcement enables her to provide employers with especially insightful guidance as to how regulators view OSHA compliance obligations, and evaluate contested cases.

Ms. Cordaro served as the Presidentially-appointed Legal Counsel and Special Advisor to the past Chairman and Commissioner Horace A. Thompson, III at the U.S. Occupational Safety & Health Review Commission (OSHRC) in Washington, DC, the agency that adjudicates contested federal OSHA citations. As the Commissioner’s chief counsel, Ms. Cordaro analyzed all cases presented to the OSHRC and advocated the Commissioner’s position during decisional meetings.

In addition, Ms. Cordaro worked at the U.S. Department of Labor’s Occupational Safety & Health Administration developing OSHA standards, regulations and enforcement and compliance policies, with emphasis on the construction industry. She has in-depth experience on technical issues including, in particular, issues related to cranes and derricks in construction.