{"id":224,"date":"2014-11-06T14:17:11","date_gmt":"2014-11-06T14:17:11","guid":{"rendered":"https:\/\/www.aircrewacademy.com\/blog\/2014\/11\/06\/osha-vs-faa-who-sets-the-standards-for-aircraft-cabin-crew-and-flight-deck-crew\/"},"modified":"2018-07-02T18:42:56","modified_gmt":"2018-07-02T18:42:56","slug":"osha-vs-faa-who-sets-the-standards-for-aircraft-cabin-crew-and-flight-deck-crew","status":"publish","type":"post","link":"https:\/\/www.aircrewacademy.com\/blog\/osha-vs-faa-who-sets-the-standards-for-aircraft-cabin-crew-and-flight-deck-crew\/","title":{"rendered":"OSHA vs FAA: Who Sets the Standards for Aircraft Cabin Crew and Flight Deck Crew?"},"content":{"rendered":"

Given the FAA\u2019s stated exercise of its legislative authority, OSHA historically has not attempted to enforce the provisions of the OSH Act with respect to flight deck crew on an aircraft in operation.<\/p>\n

Where the FAA has not preempted OSHA from enforcing its standards and regulations, OSHA generally has exercised its authority with respect to the working conditions of aviation employees, and OSHA and the FAA have developed a\u00a0Memorandum of Understanding (MOU)<\/a>\u00a0for purposes of coordinating their efforts.<\/p>\n

On August 27, 2013 the FAA released a new Rule Making Document: Occupational Safety and Health (OSH) Standards for Aircraft Cabin Crewmembers. This rule making affects cabin crewmembers on aircraft, except for flight deck crew. This rule includes Hazard Communications, Bloodborne Pathogens, and Noise Protection policies for Aircraft Cabin Crewmembers. This action became effective September 26, 2013; however, OSHA didn\u2019t begin enforcing the standards until March 26, 2014. At this time, further planning does not exist to expand OSHA\u2019s authority over cabin crewmembers beyond these three standards and formerly approved recordkeeping and access to exposure and medical records regulations.<\/p>\n

On August 26, 2014, Memorandum of Understanding (MOU)<\/a>\u00a0detailing the procedural process in which the FAA and OSHA enforce the standards became effective. In spite of the efforts to make the aircraft cabin safer for crewmembers, the FAA acknowledges that it has not produced enforceable regulations to address employee safety and health issues associated with working conditions in and around the aircraft. The FAA determined in the future it would propose modifications to address these occupational safety and health issues through the regulatory process.<\/p>\n

For aircraft cabin crewmember training that meets the OSHA requirements check out Advanced Aircrew Academy\u2019s Occupational Health eLearning module<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"

\"iStockOSHA offers \u201c Assistance for the Airline Industry<\/a>” guidelines to provide employers and airline industry workers with information and assistance to help create a healthy and safe working environment.<\/p>\n

Exposures to hazards present in the airline industry are addressed in specific standards for\u201cGeneral Industry\u201d – CFR 29, Part 1910. Within the General Industry standard, Air Transportation is further classified in theNorth American Industry Classification System (NAICS). For example, Code 481211 pertains to Nonscheduled Air Passenger Transportation and Code 488190 offers guidelines for Other Support Activities for Air Transportation; however, because Part 1910 (Occupational Health and Safety Standards) applies to General Industry, this includes jobs performed in the aviation industry as a whole.<\/p>\n

In 1975 the FAA published guidance<\/a> information in the Federal Register that detailed the FAA\u2019s role with respect to occupational safety and health conditions affecting aircraft crewmembers on aircraft in operation (CFR 40 29114). In the Federal Register statement, the FAA determined that its authority to promote the safety of civil aircraft operations \u201ccompletely encompass[ed] the safety and health aspects of the work environments of aircraft crewmembers.\u201d<\/p>\n

As a result, the FAA concluded that, with respect to civil aircraft in operation, the \u201coverall FAA regulatory program…fully occupies and exhausts the field of aircraft crewmember occupational safety and health.\u201d<\/p>\n","protected":false},"author":19,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[131,132],"class_list":["post-224","post","type-post","status-publish","format-standard","hentry","category-blog","tag-oshafaaassistance-for-the-airline-industrysafe-working-environmenthazardscfr-29","tag-part-1910north-american-industry-classification-system-naicscode-481211memorandum-of-understandingmoubloodborne-pathogensnoise-protection"],"_links":{"self":[{"href":"https:\/\/www.aircrewacademy.com\/blog\/wp-json\/wp\/v2\/posts\/224","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.aircrewacademy.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.aircrewacademy.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.aircrewacademy.com\/blog\/wp-json\/wp\/v2\/users\/19"}],"replies":[{"embeddable":true,"href":"https:\/\/www.aircrewacademy.com\/blog\/wp-json\/wp\/v2\/comments?post=224"}],"version-history":[{"count":1,"href":"https:\/\/www.aircrewacademy.com\/blog\/wp-json\/wp\/v2\/posts\/224\/revisions"}],"predecessor-version":[{"id":653,"href":"https:\/\/www.aircrewacademy.com\/blog\/wp-json\/wp\/v2\/posts\/224\/revisions\/653"}],"wp:attachment":[{"href":"https:\/\/www.aircrewacademy.com\/blog\/wp-json\/wp\/v2\/media?parent=224"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.aircrewacademy.com\/blog\/wp-json\/wp\/v2\/categories?post=224"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.aircrewacademy.com\/blog\/wp-json\/wp\/v2\/tags?post=224"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}