OSHA decision infers that ILO’s and FAA’s SMS should be IGNORED
A horrific death cannot be rectified by a federal fine nor truly, a civil damage judgement does not make those impacted by the loss whole. Three different federal agencies investigated the tragic death of a woman ingested by an engine before it was shut down.
Below are two articles which convey the decisions of these three bodies.
The first statement is the CWA version of the facts, as adopted by the Occupational Safety and Health Administration (OSHA). This administration within the Department of Labor is charged by Congress “to ensure safe and healthful working conditions for workers by setting and enforcing standards and by providing training, outreach, education and assistance.”
The second report repeats the OSHA findings, but also mentions that a second competent judge of safety, focused on transportation, the National Transportation Safety Board (NTSB) issued different findings. Congress charged the Board to make “transportation safer by conducting independent accident investigations, advocating safety improvements…” One can assume (there was no public civil penalty/enforcement) that the primary authority commissioned to “to provide the safest, most efficient aerospace system in the world”, the Federal Aviation Administration (FAA) pursuant to its Safety Management System (SMS) performed its own examination, convened the appropriate review committee and created THROUGH CONSENSUS a preventative program TO ASSURE THAT THIS TRAGEDY DID NOT REPEAT.
OSHA determined:
“…that Piedmont Airlines is guilty of a serious breach of safety by not furnishing ‘a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees that were exposed to ingestion and jet blast hazards.” OSHA issued a 5(a)(1) violation, also known as a General Duty Clause violation, with an initial penalty of $15,625, the maximum allowed by law for a serious violation. OSHA also found that the lack of effective training, clear and unambiguous communication on the ramp, and clear instructions from supervisors as to when it is safe to approach an aircraft were deficiencies that contributed to Courtney Edwards’s preventable death.
The NTSB’s analysis was as follows:
“…Following the aircraft’s arrival, its engines remained running for a designated two-minute cooldown period. Meanwhile, owing to an inoperative auxiliary power unit (APU) onboard the Embraer jet, the captain signaled his desire for the aircraft to be connected to ground power once the parking brake had been applied at the gate.
Following this, he began the process of shutting down the plane’s right-hand engine, designated as number two. However, the NTSB reports that, during this time, A COCKPIT ALERT INFORMED THE PILOTS THAT THE FORWARD CARGO DOOR HAD BEEN OPENED. THIS PROMPTED THE FIRST OFFICER TO REMIND THE GROUND CREW THAT THE ENGINES WERE RUNNING.
With this in mind, the captain opted to keep the plane’s seatbelt sign on until it had been connected to ground power, and both engines had been shut down. However, shortly afterward, the left-hand (number one) engine performed an automatic shutdown, following a violent impact that caused the entire aircraft to shake.
This was the result of the accident involving the ground worker who was tragically sucked into the engine in question. The NTSB report gives further context to this, based on CCTV footage and testimony from other ground workers. It notes that the team had held a briefing before the aircraft’s arrival, in which it was reiterated that cones would not be set down until the engines had spooled down.
An aircraft’s upper rotating beacon light indicates that its engines are running. This reportedly stayed on the whole time in the lead-up to the accident. Despite this, and a warning from another ground handler, the NTSB reports that:
“The ramp agent from the back of the airplane reappeared walking along the leading edge of the left wing, and directly in front of the number one engine. She was subsequently pulled off her feet and into the operating engine.”
It should be noted that from the wing tip, where a wing walker would be stationed, it is 85’ 4” to the fuselage, with the engine closer (~20’) to the fuselage; that is about 60’ beyond the assigned wing walker position.
Perhaps OSHA’s different mandate produces a different perspective when assessing safety of an accident. While that institutional imperative pushes it to find the safety failure by the airline at issue, the statutory triple redundancy suggests, that as to aviation safety matters, this Labor administration might, at least,
- consult with NTSB/FAA
and/or
- comment in its order state specifically how it rejects the technical judgments of these equally competent (arguably more knowledgeable about an aircraft workplace) safety organizations.
The OSHA critique (“lack of effective training, clear and unambiguous communication on the ramp, and clear instructions from supervisors as to when it is safe to approach an aircraft were deficiencies”) does not constitute NOT ACTIONABLE LANGUAGE. For example, the NTSB report finds that there was a pre-arrival briefing and a during-taxiing warning– how were these NOT CLEAR OR UNAMBIGUOUS? What aspect of the training was deficient? These are all conclusory findings without any specific recommendation of the OSHA view of what was legally acceptable, i.e., plane taxi in to gate with no wing walker? a tether restricting movements from the wing tip? A second or third rotating red light to remind that the engine was turning? a sign on the nacelle reminding of the INGESTION RISK?
SMS is a discipline created by the International Labour Organization (ILO). In establishing that this state-of-art risk reduction discipline, this UN agency explained:
“Ensuring the fundamental right to a safe and healthy working environment is essential to prevent work related accidents and diseases and protect and promote the health and well-being of workers.
In this context, the IDENTIFICATION OF HAZARDS arising in or from the workplace and the ASSESSMENT AND CONTROL OF THE ASSOCIATED RISKS that could impair the health and well-being of workers are the key principles of the process of ensuring a safe and health workplace.
In the past decades, the increasing complexity and fast changing nature of the world of work called for a systems’ approach to managing and maintaining a safe and healthy working environment.
OSH management systems have existed for several decades and have demonstrated their key role to successfully improve the implementation of OSH in the workplace by ensuring integration into business planning and development processes. The adoption of OSH management system also ENSURES MORE EFFECTIVE PARTICIPATION OF WORKERS IN DETERMINING AND IMPLEMENTING PREVENTIVE MEASURES.
There is no one size fits all and enterprises should analyze carefully their needs in relation to their means and tailor their OSH management system accordingly.”
Given this strong policy directive from the recognized global leader in workplace safety, the absence of OSHA’s mentioning (negatively or positively) the existence of SMS is most perplexing!!! Its failure to reference this efficacious methodology could be interpreted as OSHA’s message that employees should ignore management in the resolution of these hazards. The CWA said explicitly that this decision means that its members should direct their concerns to “OSHA inspectors.” OLI’S DOCTRINE DISAGREES WITH THAT DIRECTION; IT SEES BENEFITS IN A SYSTEM THAT INVOLVES THE WORKERS, THEIR UNION AND MANAGEMENT TO COLLABORATE IN DESIGNING A PREVENTATIVE SOLUTION. OSHA’s action contravenes the ILO guidance.
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OSHA Finds Piedmont Guilty in the Preventable Death of Passenger Service Agent Courtney Edwards
June 14, 2023 CWA
The Occupational Health and Safety Administration (OSHA) has concluded its investigation [added from the OSHA investigation report: “At 3:45 p.m. on December 31, 2022, an employee was acting as a wing walker for an arriving aircraft when she walked directly in front of an idling turbofan engine and was sucked into the engine and was killed.”] of the death of Piedmont passenger service agent and CWA Local 3645 member Courtney Edwards.
Courtney was a ground agent at Montgomery Regional Airport in Alabama and a valued member of CWA Local 3645 who died in a tragic on-the-job accident on December 31, 2022. Courtney was a loving mother of three children and beloved daughter of Natalie English. Her memory lives on in the hearts of her coworkers and friends.
OSHA found that Piedmont Airlines is guilty of a serious breach of safety by not furnishing “a place of employment which were FREE FROM RECOGNIZED HAZARDS that were causing or likely to cause death or serious physical harm to employees that were exposed to ingestion and jet blast hazards.” OSHA issued a 5(a)(1) violation, also known as a General Duty Clause violation, with an initial penalty of $15,625, the maximum allowed by law for a serious violation. OSHA also found that the lack of effective training, clear and unambiguous communication on the ramp, and clear instructions from supervisors as to when it is safe to approach an aircraft were deficiencies that contributed to Courtney Edwards’s preventable death.
It is clear that the willingness of CWA members to come forward to speak to the OSHA inspectors and the work of union officers, including CWA Local 3645 President Donielle Prophete, were essential in providing the documentation needed for this finding. Despite the small penalty, it is likely Piedmont will contest the decision, but CWA will continue to fight for Courtney Edwards, her family, and the safety of all airline workers, who should never fear for their lives on the job.
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About CWA: The Communications Workers of America represents working people in telecommunications, customer service, media, airlines, health care, public service and education, manufacturing, tech, and other fields, including more than 20,000 passenger service agents who work for American Airlines and its wholly owned subsidiaries, Envoy Air and Piedmont Airlines.
Piedmont Airlines Fined Over $15,000 For Safety Breach When Worker Was ‘Ingested Into Engine’
Regional carrier Piedmont Airlines will have to pay more than $15,000 after the Occupational Safety and Health Administration (OSHA) found the airline guilty of breaching safety last week. The news comes after a thorough investigation into a deadly incident involving an employee being sucked into an aircraft engine late last year.
The agency determined that the worker’s death was due to Piedmont lacking clear communication and effective training. The regional airline is a wholly-owned subsidiary of Fort Worth-based American Airlines.
A “preventable death”
Courtney Edwards, a passenger service agent at Piedmont Airlines, was killed on December 31, 2022, after she came too close to the engine of an Embraer E175 aircraft at Montgomery Regional Airport. Edwards was a local Communications Workers of America (CWA) member, the union that covers ground workers at Piedmont. In a memo to its members on Wednesday, the association said Edwards leaves behind three children.
“Courtney was a ground agent at Montgomery Regional Airport in Alabama and a valued member of CWA Local 3645 who died in a tragic on-the-job accident on December 31, 2022. Courtney was a loving mother of three children and the beloved daughter of Natalie English. Her memory lives on in the hearts of her coworkers and friends.”
Following a lengthy investigation, OSHA found Piedmont guilty of “a serious breach of safety” on June 7th. With three breach components determined, CWA claimed that Edward’s accident was preventable.
“OSHA found that the lack of effective training, clear and unambiguous communication on the ramp, and clear instructions from supervisors as to when it is safe to approach an aircraft were deficiencies that contributed to Courtney Edwards’s preventable death,” the union said.
Paying up more than $15,000
CWA also explained that OSHA found Piedmont responsible for NOT CREATING A WORKPLACE ENVIRONMENT FREE OF RECOGNIZED HAZARDS, ultimately contributing to serious physical injury or death to employees exposed to ingestion and jet blast dangers.
“The willingness of CWA members to come forward to speak to the OSHA inspectors and the work of union officers, including CWA Local 3645 President Donielle Prophete, were essential in providing the documentation needed for this finding,” the union noted.
As a result, OSHA issued a General Duty Clause violation and fined Piedmont with an initial penalty of $15,625, which is the maximum allowed by law for a serious violation, according to the union.
NTSB report
The violation, however, CONTRADICTS PRELIMINARY FINDINGS issued by the National Transportation Safety Board (NTSB) in January. The Board reported that the pilots got an alert indicating the forward cargo door had been opened before they shut down the engines at the gate. In addition, the ground crew reportedly held a briefing prior to the plane’s arrival, where workers were informed to refrain from approaching the aircraft until the beacon light and engines were turned off.
CWA believes the airline will challenge the OSHA violation. In the memo, the union explained, “it is likely Piedmont will contest the decision.” But according to The Dallas Morning News, the carrier is cooperating.
“Safety is always our top priority for our team members,“ said Crystal Byrd, Piedmont Airlines spokesperson. “We appreciate the recommendations from OSHA and will ensure that a thorough review is accomplished.”
Sources: Communications Workers of America, The Dallas Morning News
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