Bald Mountain Air Service is an air carrier service based out of Homer, Alaska. Until November 2012, Brian Bell was a medevac pilot working for Bald Mountain. Bell was fired, however, two days after an Occupational Safety and Health Administration (OSHA) inspection was conducted. That inspection was prompted after Bell filed reports with both OSHA and the Federal Aviation Administration (FAA) alleging Bald Mountain forged his name on maintenance and safety reports and had gaps in drug and alcohol testing.
Bell is known as a “whistleblower”—an employee “who brings wrongdoing by an employer or other employees to the attention of a government or law enforcement agency and who is commonly vested by statute with rights and remedies for retaliation.” Whistleblowers are often retaliated against for coming forward against employers and those in a supervisory position, but whistleblowers are protected from retaliation in many situations.
OSHA’s Preliminary Report
After Bell was fired, he filed additional complaints with the FAA and OSHA alleging he was illegally fired in retaliation for the maintenance complaints he had lodged against Bald Mountain. OSHA issued their preliminary report back in 2016 and awarded Bell back pay and $100,000 in compensatory damages.
Bald Mountain appealed OSHA’s preliminary report, which brings us to the judgment reached this week by an administrative law judge. The judge sided with Bell, awarded him over $500,000 in back pay and $10,000 in attorneys’ fees. Bell is also entitled to interest on his back salary, which brings his total award to roughly $750,000.
The Ruling is Not Entirely in Bell’s Favor
Bald Mountain will have yet another opportunity to appeal, and according to its representatives, the company is reviewing the order and plans to file an appeal. Bald Mountain didn’t lose on every count, though. The judge did overrule some findings in the OSHA preliminary report, including one allegation that the air carrier had “blacklisted” Bell in the industry and prevented him from gaining employment as a pilot since his termination. Bell has worked part-time as a driver for Uber since he was fired.
Brian Bell has maintained since the beginning of this ordeal that he does not view himself as a victim but filed those complaints solely out of a concern for the safety of all of Bald Mountain’s employees and its passengers.
Molly Brown, the attorney for Brian Bell, said in a statement, “One of the main concerns was just that they were not taking the precautions necessary to keep their people safe. I mean obviously that’s a very important thing for a pilot to ensure, especially flying a medevac service for a hospital.”
Ever since the passage of the Occupational Health and Safety Act (“OSH Act”) in 1970, it has been illegal for employers to retaliate against employees for reporting safety concerns. Retaliation can mean anything from firing to intimidation, threats, reassignment, or reducing pay or hours. As such, in additional to back pay, the judge also ordered Bald Mountain to rehire Mr. Bell. Whether or not Bell wants to or will resume employment with Bald Mountain is yet to be determined.
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