A Louisiana-based helicopter ambulance service is being ordered to reinstate a pilot who refused to fly in hazardous conditions after an investigation by the Occupational Safety and Health Administration.
Metro Aviation LLC reportedly forced a helicopter pilot to “resign, retire or be involuntarily separated from the company” after that pilot refused to fly twice due to concerns about limited visibility, according to the pilot's complaint against the company, a Department of Labor news release said.
“Employees must freely exercise their legal rights regarding workplace safety with no fear of retaliation by their employer,” OSHA Regional Administrator Jennifer S. Rous in Denver said in the release. “The outcome of this investigation and the action on the pilot’s behalf underscores the department’s commitment to protecting workers’ rights.”
The incidents took place in 2021, and the pilot was given two weeks after refusing to fly Aug. 10, 2021, to make a decision, the release reported.
OSHA determined Metro Aviation's actions to be in violation of the Wendell H. Ford Aviation Investment Reform Act for the 21st Century, according to the release. The federal law protects employees who refuse work assignments when they reasonably believe conducting them would force them to violate aviation safety regulations.
Metro Aviation has been ordered by the Labor Department to reinstate the pilot and pay more than $171,000 in back wages and an additional $17,000 in damages, the release reported.
The company was incorporated in 1982, serving as a helicopter charter and offering flight training and maintenance operations. Metro Aviation owns and operates more than 140 aircraft in more than 25 states to serve hospitals and other customers, according to the Labor Department release.
Both the company and the former employee can file an objection or request a hearing in the department's Office of Administrative Law Judges within 30 days of receiving the agency's order, the release reported.