Teamsters
Call for Resolution of 'Glaring
Inconsistencies' in Cargo Handling Regulations
Improperly loaded cargo aircraft have a "high
risk" of exposure to
catastrophe, according to a Teamsters paper.
The paper by the Airline Professionals Association of the International
Brotherhood of Teamsters argues that unlike pilots, dispatchers or mechanics,
cargo load masters are not required to be trained or certified, much less pass
initial and recurrent examinations, by the Federal Aviation Administration
(FAA).
The Teamsters argument that load masters should be certified relates to
concerns about the parlous state of safety in the cargo industry expressed
August 18 by Ellen Engleman-Connors, chair of the
National Transportation Safety
Board (NTSB), and by Capt.
Charles Simpson, chair of the Transportation Safety
Board (TSB) of
More specifically, Engleman-Connors noted the
"differing certification
standards of cargo handlers - loaders and ground crew."
The Teamsters' paper specifically addresses safety issues relative to
loadmasters and to third party contract loading. Extracts of the Teamsters'
paper follow:
As with the load master, individuals performing the function of
physically moving, manipulating and security cargo on a cargo aircraft are not
required by any federal regulation to receive formal training in the
performance of their job, nor are they require to hold
any FAA certification.
The lack of such requirements has largely been ignored despite the fact that
the
Safety Board has investigated accidents involving all cargo and passenger-
carrying aircraft in which improper weight and balance, improper cargo loading
and security, or hazardous materials have been cited as either a direct cause
or
contributing factor in the accident.
Air cargo operations have a high risk exposure to the catastrophic
effects of improperly loaded aircraft. Shifting of cargo because of improper or
inadequate restraint has resulted n the inability or substantially diminished
capacity to control the aircraft. Mishandled and undisclosed hazardous
materials
have caused in-flight fires or overwhelming toxic fumes.
Regulations do not exist for companies that provide contract services to
cargo or passenger air carriers to build up cargo unit load devices (ULDs) or
pallets, and load/unload the aircraft. This is remarkably inconsistent with
federal requirements applicable to contract 'third party' maintenance providers
(e.g., repair stations). There exist no minimum standards to which a contract
loading company must comply, nor is there a minimum level of training for those
employees who not only have direct access to an aircraft, but also play a vital
role in the safe operation of the aircraft.
Several air carriers do not include employees who perform cargo loading
functions in either the drug or alcohol [testing] programs as required.
Following the February 2000 crash of an Emery
Worldwide Airlines DC-8 at
Cordova
loader who significantly participated in the loading of the cargo aboard the
accident aircraft tested positive for illegal substances after the crash.
The Safety Board noted that cargo handler duties are not included under
'safety sensitive' functions, nor are load planners or ramp supervisors.
As a result of its investigation of the Emery
crash, the NTSB urged the
FAA to expand the list of
personnel involved in 'safety sensitive' functions
(see box SENSITIVE).
In an attempt to clarify the issue, our Airline Professionals Associated
questioned the FAA on the
matter. Below, an abridged FAA
response to our query:
Question: Are cargo loading personnel who are either employed by the
certificate holder - or contracted by the certificate holder - to perform these
services, which include cargo loaders, loadmasters, load planners, covered
under 14 CFR Part 121, appendices I and J, as 'safety-sensitive' personnel?
FAA: Drug and alcohol testing is
not required for employees who only
weigh and load the freight, add the different weights together, and pass on the
information. This is considered gathering weight and balance data but not
calculating the weight and balances and, therefore, is not a covered function.
Only those responsible for the weight and balance calculation and signing
the load manifest form are required to be in the company's FAA-mandated drug and alcohol program.
The FAA's March 9 statement
effectively exempts workers who compose a
critical link in the safety chain. The loadmaster - the person responsible for
supervising the operation and signing the final aircraft weight and balance
manifest - is dependent upon these same workers to accurately and properly
weigh, position and restrain the cargo in the aircraft. (Emphasis in original)
This glaring inconsistency exposes aviators, the general public and the
air cargo industry to unnecessary and avoidable risk.
We recommend that the FAA
require formal certification of select
positions performing cargo loading duties, including those in “supervisory
roles."
Direct Access Means Safety-Sensitive
NTSB Recommendation A-03-36,
issued
Modify the list of safety-sensitive functions described in 14 Code of
Federal Regulations Part 121, Appendices I & J, to include all personnel
with
direct access to the airplane and a direct role in the handling of the flight,
including cargo handlers, load planners, and ramp supervisors."
FAA response of
The FAA agrees with the intent
of this safety recommendation. The FAA
has already initiated a project to rewrite the applicable regulations and will
give full consideration to including all personnel with direct access to the
aircraft or a direct role in controlling the flight. The FAA notes that many
carriers' programs already include these personnel.
This rulemaking project is in its early stages, and we anticipate
substantial opposition, so it is difficult to project an accurate schedule for
completion." Source: NTSB
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