When Safety Takes a Backseat: The Critical Role of Transportation Whistleblowing in Protecting Lives
The transportation industry moves millions of people and tons of cargo daily across aviation, rail, and maritime sectors. While most journeys end safely, behind the scenes, dedicated employees sometimes witness safety violations that could endanger countless lives. Transportation fraud is a broad term that can encompass a variety of illegal activities linked to the transportation sector. Whistleblowers often encounter numerous types of fraud and are integral in exposing these illicit practices. When these brave individuals step forward to report safety violations, they become transportation industry whistleblowers—often risking their careers to protect public safety.
The Scope of Transportation Safety Violations
Safety violations in transportation can take many forms across different sectors. Whistleblowers may report safety violations within airlines, such as inadequate maintenance practices, falsification of maintenance records, or ignoring safety regulations to cut costs. In the railroad industry, whistleblowers might expose violations in the railroad industry, such as failure to maintain tracks properly, inadequate training for employees, or ignoring safety protocols.
Maritime whistleblowing presents its own unique challenges. Whistleblowers in the shipping and maritime industry may report instances of illegal waste disposal at sea, falsifying cargo manifests, or violating environmental regulations. These violations don’t just threaten individual safety—they can have catastrophic environmental and public health consequences.
Recent developments have highlighted the critical importance of these reports. Following two fatal crashes involving the Boeing 737 MAX aircraft in 2018 and 2019, whistleblowers came forward to reveal concerns about safety issues related to the aircraft’s Maneuvering Characteristics Augmentation System (MCAS). These whistleblowers, including current and former Boeing employees, raised alarms about design flaws, inadequate training, and regulatory oversight.
Federal Protection Laws for Transportation Whistleblowers
Recognizing the vital role whistleblowers play in transportation safety, Congress has enacted several federal laws to protect these individuals from retaliation. A number of laws protect transportation industry whistleblowers. These laws make it illegal for an employer to retaliate against a whistleblower with an adverse employment action such as demotion or termination.
Key federal protections include:
- AIR21 (Aviation): The whistleblower protections of a federal law called AIR21 apply to all air carriers and their contractors, including manufacturers and maintenance contractors. AIR 21 prohibits retaliation against an employee who complains to a supervisor or government official about issues of airworthiness or air safety, or who assists in an investigation of violations of any federal law or regulation related to air carrier safety.
- Federal Railroad Safety Act (FRSA): The FRSA protects employees, contractors and subcontractors of railroad carriers who blow the whistle on railroad safety concerns or the fraudulent use of federal grants or funds designated for railroad safety or security.
- Surface Transportation Assistance Act (STAA): The STAA protects employees of commercial motor vehicles, which include vehicles weighing more than 10,000 pounds, vehicles designed to transport ten or more persons (such as school and chartered buses) and hazmat vehicles.
- National Transit Systems Security Act (NTSSA): The NTSSA covers employees of public transportation agencies and their contractors and subcontractors. Covered agencies generally include metropolitan transit systems such as public subways, buses and trolleys.
Recent Developments in Transportation Whistleblowing
The landscape of transportation whistleblowing continues to evolve with new regulations and enforcement mechanisms. On December 12, 2024, the National Highway Traffic Safety Administration (NHTSA) finalized a new rule formalizing its whistleblower program and implementing the whistleblower provisions of the Vehicle Safety Act. Effective December 17, 2024, the rule provides financial incentives for whistleblowers who disclose original information leading to civil penalties against motor vehicle manufacturers, parts suppliers, or dealerships found in violation of safety laws. Under this new rule, whistleblowers can receive between 10% and 30% of any civil penalties exceeding $1 million paid by the offending party.
This development represents a significant shift toward incentivizing safety reporting in the automotive sector, joining other federal agencies that have established similar programs to encourage whistleblowing.
The Challenges Whistleblowers Face
Despite legal protections, transportation whistleblowers often face significant challenges. Because of this law, the exclusive legal remedy available to aviation industry whistleblowers who suffer retaliation for reporting safety violations involves filing a complaint within 90 days of the first instance of alleged retaliation with a secret court administered by the Occupational Safety and Health Administration that lacks subpoena power, takes five years or longer to rule in many cases, and rules against whistleblowers an astounding 97 percent of the time.
The complexity of proving retaliation cases adds another layer of difficulty. The AIR21 regulations state that in order to establish a whistleblower case, an employee must show: (1) the employee engaged in a protected activity; (2) the company knew or suspected, actually or constructively, that the employee engaged in the protected activity; (3) the employee experienced an adverse action; and (4) the circumstances raised an inference that the protected activity was a contributing factor to the adverse action. If the employee can establish a prima facie case, the burden shifts to the employer to show that it would have taken the same action absent the protected activity.
Why Legal Representation Matters
Given the complex legal landscape and high stakes involved in transportation whistleblowing cases, having experienced legal counsel is crucial. Transportation employees considering reporting safety violations need attorneys who understand both the technical aspects of transportation safety regulations and the intricate web of federal whistleblower protection laws.
An experienced whistleblower lawyer Brooklyn, NY can help navigate these challenging cases, ensuring that whistleblowers understand their rights and protections while building the strongest possible case for their claims. The stakes are simply too high—both for public safety and for the whistleblower’s career and financial security—to proceed without proper legal guidance.
The Howley Law Firm: Dedicated Advocacy for Whistleblowers
Here at The Howley Law Firm, we specialize in employment and whistleblower law. Contact us today if you need legal representation in New York. Here at The Howley Law Firm, we are passionate about helping individuals seek justice. After many years of defending multinational corporations, we formed this law firm to give individual executives, professionals, and employees the same high-quality legal representation.
Located in the heart of New York City, The Howley Law Firm brings decades of experience to transportation whistleblowing cases. Our founder, John Howley, Esq., has almost 30 years of experience in some of the largest and most important employment cases in modern history. These include the $80 million class action against Sodexho Marriott, the $115 million class action against Texaco Inc., and the labor arbitration that awarded New York City police officers higher raises than firefighters for the first time in 100 years.
We are passionate about helping people get compensation and justice. Whether we are representing an individual client or a class of hundreds, we are dedicated to giving you the best possible representation. The firm’s approach emphasizes personal attention and strategic advocacy. With two experienced attorneys and a keen eye for quality, our small law firm is able to dedicate more one-on-one time to our hand-picked clients. Our principal attorney, John Howley, Esq., meets with clients personally to discuss their needs, in addition to handling all strategic decisions, drafting briefs, and appearing in court.
Moving Forward: The Future of Transportation Safety
These whistleblowing cases underscore the importance of transparency, accountability, and ethical conduct within the aviation and aerospace industries. Whistleblowers play a critical role in identifying systemic failures, promoting regulatory compliance, and fostering a culture of safety and integrity. By protecting whistleblowers from retaliation and addressing their concerns promptly and effectively, aviation and aerospace organizations can strengthen trust, enhance safety standards, and uphold public confidence in the industry.
The transportation industry’s safety record depends on the courage of individuals willing to speak up when they witness violations. Remedies for violations of these whistleblower acts may include reinstatement of terminated individuals, back pay, compensatory damages, and in some cases punitive damages. However, achieving these remedies requires skilled legal representation that understands both the technical and legal complexities involved.
For transportation workers who witness safety violations, the decision to come forward is never easy. But with proper legal support and understanding of available protections, whistleblowers can help ensure that our transportation systems remain safe for everyone who depends on them. The courage to speak up for safety deserves nothing less than the strongest possible legal advocacy.