Health and Safety Risks in the Aviation Industry: Whistleblowers vs Boeing

The recent crash by Air India, resulting in the tragic deaths of 260 people, resurrected a long-standing controversy regarding the aviation industry in general and Boeing in particular. This controversy concerns the major question of employee protections when whistleblowing, an issue that we at Nationwide Employment Lawyers hold dear. 

Boeing, as the number one commercial aviation firm, provides flying aircrafts to innumerable airlines around the world. This means that employee concerns about health and safety are paramount and are a public safety issue. The Air India crash is still undergoing investigation, but the connection to Boeing – the Air India plane maker who have had over 32 whistleblowers make claims regarding safety issues – is present in the preliminary reports by investigators. The report stated that the USA aviation regulator, Federal Aviation Administration (FAA), had sent an advisory in 2018 which urged operators of Boeing 747 to inspect the locking feature of the fuel systems.

The relevance of the reference to the regulator’s advice is that the commonly accepted cause so far of the Air India crash was the fuel systems uncontrollably switching between modes in a way that affected the thrust of the plane. Even though the Air India Flight did not carry out this inspection before the flight, it is still too premature to make any conclusions as to the major cause of the tragedy. This blog, however, is taking the opportunity to highlight whistleblowers who have exposed Boeing’s disregard for safety, the many pressures the whistleblowers faced and the inherent power of a strong employment law firm which backs its clients through thick and thin.

Boeing is a mafia style business” Captain Dennis Tajer, airline pilot who often flies Boeing.

There have been over 32 Boeing staff members who have reported the company to the aviation regulator FAA, citing the company’s practice of rushing products through the door and bypassing safety checks. A notable case worth highlighting is Sam Salehpour, a whistleblower who spoke before Congress, breaking down into tears as he admitted that he was told by senior staff that ”I would have killed someone who said what you said”. He mainly exposed malpractices, including the forcing of misaligned parts of the plane to fit with workers ”jumping on pieces of the airplane to get them to align”, something he called the ”Tarzan effect”. In the same congressional hearing, Boeing CEO admitted that the company carried out retaliatory attacks against whistleblowers. 

Other safety warnings and retaliatory measures by Boeing towards workers were:

• Autopilot systems defects (pilots were put at risk because their training was not enough for the autopilot system) 
• Safety-critical debris left inside aircraft during assembly
• 2 ex Boeing engineers said they would not fly on the 737 Max, citing pressure to ”rush planes out of the door”
• John Barnett, a notable whistleblower who was blacklisted from the industry by Boeing, and harassed, resulting in his suicide

These numerous reports paint an appalling image of an organisation that rushes through production and prioritises speed over safety, resulting in numerous incidents like;

• Jan 2024, the 737 MAX door flies off mid-flight
• Autopilot safety system implicated in two fatal crashes
• 2013 Battery fires that caused two fires on two Dreamliners, causing worldwide grounding

These cases can be fatal, but the same silencing tactics are used by many employers, and you might find the same obstacles in your industry. Boeing’s responses to whistleblowers included:

• Isolating workers from projects and meetings
• Questioning of motives and character
• Constant pressure in order to lead to emotional burnout
• Personal threats 

There is an emotional strain from whistleblowing, and a step-by-step plan to ensure well-being will be provided. The first thing to bear in mind is the legal instruments that protect you as a worker: the Employment Rights Act 1996 and the Public Interest Disclosure Act if you are in the UK, and the Sarbanes-Oxley Act if you are in the US. These protect you from:

• Demotions, loss of responsibilities and professional isolation
• Blacklisting
• Poor performance reviews
• Personal threats

If you are a whistleblower or you plan to expose your employer, these are the first steps to take:

• Document every interaction with management and within the organisation
• Save all emails, notes and meeting records
• Exhaust internal procedures for complaints and whistleblowing
• Seek legal advice as early as possible, Damian McCarthy offers a call-in service
• Prioritise mental health by seeking mental health resources, support networks or professional counselling if affordable

You are not alone

The heroes who have come forward about Boeing did so at great personal risk. Their law firms served as their safety nets and made sure that they had little to fear by way of illegal actions. We at Nationwide Employment Lawyers will ensure that you do not face any illegal blacklisting or threats without a legal recourse.