Asia Pacific Airlines
has been ordered by the U.S. Department of Labor to pay over $2 million in wages, damages, and legal fees after it was determined that the airline fired a pilot for repeatedly raising safety concerns over engine maintenance practices. The airline contends this ruling and has stated it will formally appeal the decision.
Photo: Asia Pacific Airways
The investigation
According to a three-year investigation completed by the Occupational Health and Safety Administration (OSHA), the pilot, Captain Brant Swigart, repeatedly expressed concerns that the airlines’ maintenance team approved aircraft maintenance and repair reports without diagnosing the engine problems correctly.
The FAA confirmed in a parallel investigation that the maintenance was being cleared without being properly analyzed or completed and that the pilot’s assessment was correct. OSHA concluded that Swigart was wrongfully terminated by the airline after repeatedly raising aircraft safety concerns and refusing to fly a cargo plane that was believed to have an unreliable engine. OSHA remarked:
“Asia Pacific Airlines has shown an unacceptable and potentially catastrophic disregard for safety and shamefully viewed pilots’ safety concerns as employee conflicts”
Asia Pacific Airlines disagrees
Asia Pacific Airlines disagrees with this ruling and has contended that the airline did not dismiss the pilot for being a whistleblower. Rather, they state that Swigart was dismissed due to an incident that occurred in November of 2021, at Honolulu’s Daniel K Inouye International Airport (HNL).
Swigart admitted fault in that incident and confirmed that after a lengthy restart involving an engine failure on a taxiway, he had prematurely powered up the engines and begun to taxi while ground crews were still close to the Boeing 757
. In an interview with Hawaii News Now, Swigart acknowledged:
“Mine was a momentary lapse of concentration, and I immediately fixed it by stamping on the brakes and stopping the aircraft.”
Asia Pacific Airlines states that it was due to the serious breach of safety protocol in this incident that led to the airline’s termination of Swigart’s employment with the company.
The outcome and appeal
OSHA concluded from its investigation that the pilot’s termination was not due to the incident in Honolulu, but a direct result of reporting safety concerns. The agency has ordered the airline to pay Swigart $419,267 in back pay plus interest, eight years of future salary, $27,596 in loan interest, $75,000 for damages, as well as reasonable attorney fees. OSHA also mandated that the pilot’s employment record be cleared, and that Asia Pacific Airlines provide training to employees on whistleblower protection.
The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21) 49 U.S.C. §42121 protects an employee’s right to provide air safety information without fear of retaliation from the employer.
Asia Pacific Airlines maintains that it did not fire the pilot for reporting safety concerns to the company and plans to appeal the order. OSHA has stated the company may appeal the order to the department’s Office of Administrative Law.
A brief overview of the airline
Asia Pacific Airlines is a cargo carrier, headquartered in Guam. According to ch-aviation, APA currently operates a fleet of three Boeing 757-200PCF and one Boeing 757-200PF. The airline initially operated a fleet of Boeing 727s but replaced the older Boeings with more efficient 757s. The last 727 was retired in 2019.
Asia Pacific Airlines flies to destinations throughout Asia and can offer service to the continental United States, but notes its unique mission to serve the small island nations of the Pacific:
Our services extend to small island nations such as Koror, Yap, Chuuk, Pohnpei, Kosrae, Kwajalein, and Majuro. These remote locations present unique challenges for air cargo transportation, but we have the specialized solutions and experienced team to ensure that cargo shipments are delivered in a timely and efficient manner.”
This is not the first time the airline has been in trouble. In February 2023, the FAA grounded the airline for pilot training issues. In April 2024, Asia Pacific Airlines was again under the FAA’s scope for alleged safety violations. The outcome of the current appeal may take considerable time.
Related
FAA Grounds Micronesian Asia Pacific Airlines Over Pilot Training Issue
The FAA has grounded a South Pacific cargo airline providing vital supplies to the region because of record-keeping issues.
Photo: Asia Pacific Airlines