ALPA to Congress: Tighter restrictions on lithium batteries, please

by B. N. Sullivan

Earlier this week, a representative of the Air Line Pilots Association (ALPA) testified before the U.S. House Subcommittee on Railroads, Pipelines, and Hazardous Materials regarding the union's position on the shipment of lithium batteries aboard commercial aircraft. Mark Rogers, who is the director of ALPA’s Dangerous Goods Program, gave testimony in support of the Hazardous Material Transportation Act of 2009 (H.R. 4016), proposed legislation that would place tighter restrictions on the shipment of lithium batteries.

Rogers, who is a First Officer with United Airlines, told subcommittee members, “If lithium batteries shipped aboard airliners are damaged, defective, or improperly packaged, a fire may occur, leading to potentially catastrophic consequences. To mitigate this risk, it is necessary to remove the exceptions in place today and (fully) regulate lithium batteries as a hazardous material, including provisions for enhanced marking, labeling, testing, and packaging requirements.”

Rogers stressed that notification to the pilot in command also is essential. Responding to a question from a subcommittee member, Rogers described a scenario in which a shipment of lithium batteries could be placed next to flammable paint, which is fully regulated and classified as a dangerous good. The crew in this example would be notified about the location and quantity of the paint, but not the potential incendiary device sitting next to it.

“At least six additional fires involving lithium batteries aboard aircraft or in packages prepared for air transport have been documented since I testified before this subcommittee in May,” said Rogers. He also noted that nearly two years have passed since the NTSB issued recommendations to subcommittee to remove regulatory exceptions for lithium batteries.

Here are the links to the text of the oral testimony and written submission presented to Congress by Mark Rogers, on behalf of ALPA.

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Flight attendant provisions in the FAA Reauthorization Act

Last week the U.S. House of Representatives passed the FAA Reauthorization Act of 2007, H.R.2881, by a vote of 267-151. The legislation includes a number of provisions of interest to flight attendants in the United States.

The Association of Flight Attendants (AFA) issued a news release about the legislation that summarizes the main points that affect flight attendants.

There are several important provisions included in the FAA Reauthorization that AFA-CWA has repeatedly requested for years.

For the first time in over 30 years, a requirement for workplace safety and health protections for flight attendants was finally recognized. Flight attendants suffer numerous occupational injuries and illnesses while working aboard commercial flights at rates several times higher than those for all private industry workers, yet are not covered under Occupational Safety and Health Administration (OSHA) guidelines.

The FAA Reauthorization also states that the FAA must institute a HIMS, or "Return to the Cabin" Program, that will allow flight attendants an opportunity for rehabilitation after testing positive for drug or alcohol abuse.

The House also instructed the FAA to complete studies on flight attendant fatigue and continue sampling and analyzing onboard cabin air.

The FAA must also initiate a study of actual onboard temperatures to determine if regulations are necessary to mandate standard temperatures onboard aircraft.

Protection for seniority integration in case of an airline merger was also included. This provision will help to ensure that, in the event of an airline merger, all employees are treated fairly and one group is not stapled to the bottom of the merged seniority list.

Additionally, the bill mandates that airlines must notify passengers upon ticket purchase if their aircraft is subject to pesticide spraying.

Also of interest, an amendment to the bill (H.AMDT.808) asks the Secretary of Transportation "to issue regulations requiring air carriers to provide initial and annual recurring training for flight attendants and gate attendants regarding serving alcohol, dealing with disruptive passengers, and recognizing intoxicated persons. The training must include situational training on methods of handling an intoxicated person who is belligerent."

The U.S. Senate will consider this legislation some time next month. If the legislation passes the Senate as well, it will be presented to President Bush for his signature.

New aviation security legislation

Last week, the U.S. Senate Committee on Commerce, Science and Transportation reported on a new piece of legislation known as the Aviation Security Improvement Act (S. 509).

The legislation, which addresses air cargo as well as passenger aviation security, includes a measure sponsored by Senator Ted Stevens (R-Alaska) to provide the long-term funding to U.S. airports and the Transportation Security Administration (TSA) in order to "significantly improve and expedite the installation of baggage screening and explosive detection systems at the nation's airports."

According to a Commerce Committee press release about the legislation:

The Aviation Security Improvement Act (S. 509) would require the screening of all cargo on passenger airplanes within three years. The cargo screening program strikes a balance between ensuring all cargo on passenger aircraft is secure and ensuring the movement of commerce.

The bill also addresses passenger prescreening, a primary concern of air travelers and Congress, where passengers are mistakenly identified as a potential threat. This bill would ensure a system is in place to redress mistaken identity issues and requires the TSA to move rapidly to develop a strategic plan to test and implement an advanced passenger prescreening system.

A welcome part of the Aviation Security Improvement Act for crews is a a provision that requires the TSA -- after consultation with airline, airport and flight crew unions -- to report to Congress within 180 days of enactment on the status of establishing a process that would give flight deck and cabin crew members expedited access through screening checkpoints. A news release on the website of the Air Line Pilots Association (ALPA) says that ALPA staff worked closely with the Committee to draft this language.

Other provisions include lifting the 45,000 cap on the allowed number of TSA screeners, enhancing TSO screener training, and allowing TSA to purchase and distribute blast-resistant containers to carriers. The legislation also authorizes grant programs for piloting explosive detection technologies, and addresses general aviation security.

The legislation was introduced by Commerce Committee Chairman Daniel K. Inouye (D-Hawaii) and Vice Chairman Ted Stevens (R-Alaska). Senators Jay Rockefeller, (D-WV), Trent Lott (R-Miss.) and Frank Lautenberg (D-N.J.) cosponsored the Aviation Security Improvement Act.

The Aviation Safety Improvement Act now awaits consideration by the full Senate.

Click here to read the full text of Senate Bill S. 509.