Air Safety Round Table: Kevin Gauthier
Kevin Gauthier is a former airline pilot who lost his job after attempting to draw attention to a safety problem that could cause aircraft parked at the gate to roll back unexpectedly.
Remarks
(Video 13:25)
My name is Kevin Gauthier. I’m here to inform you of my story as related to aviation safety and Safety Management Systems.
I begin by echoing previous calls for a thorough and transparent public inquiry into air safety. This much-needed inquiry should perhaps have happened a few years ago.
The outcome of such an inquiry could not be complete if it did not gauge the existing status of the International Civil Aviation Organization - aka ICAO’s - Safety Management Systems.
In theory, SMS is a well-intentioned system. In reality, it is a system without merit as it lacks a supporting foundation. Like a ship without a rudder - SMS is misleading, lacks integrity and substance, and most importantly - in it’s present form - is managing to reduce aviation ‘standards’ to an all-time low. It is up to the folks onboard the "SMS” to set a new course. The clock is ticking…
I could not possibly begin to describe in detail my own setbacks with SMS - there simply is not enough time in this meeting. In it’s most basic form, my story is a twisted and sordid tale that would best be told by a neutral authority - only though, after a thorough examination and scrutiny of the facts. In this regard, I am prepared to hand over my extensive case file to the Authorities. Indeed, I have already submitted several segments of the file as well as sworn affidavits advising I am prepared to testify under oath – should I be subpoenaed to do so.
In the interim, I offer this brief summary of events.
My career as a pilot with Canada’s flag carrier began in February of 1998. As a frontline employee I was encouraged and expected to bring matters of impending safety concern to Air Canada’s attention without fear of reprisal. Indeed, this expectation is the very foundation of the carrier’s Corporate Policy and the implementation of Safety Management Systems.
In the summer of 2003 ramp employees began the practice of opening cabin doors prior to all engine shut down at gates of arrival. This practice ultimately served to decrease turn-around times and increase overall on-time performance. To the best of my knowledge the practice was not "authorized".
Soon thereafter - in the autumn of 2003 - all pilots were informed of two un-commanded aircraft rollback incidents at gates of arrival. Senior Management advised both cases had high potential for serious personal injury and were “classic James Reason “Swiss Cheese Model” failures that involved technical, process, human, and management failures.”
As a frontline employee I was able to identify the newly accepted practice as a contributing factor to the onset of these incidents.
On the morning of December 10, 2003 I received an internal ramp procedures extract confirming the practice was not authorized. Later that day I filed an Air Safety Report with “Flight Safety” and the Air Canada Pilots Association - aka ACPA. The Report is titled: "Deplaning Passengers with an Engine Operating"
On December 15, 2003 an official company response was issued classifying the status of the Report as "Action Required". The official response also stated that I would be provided with a final report once an investigation was completed.
In January 2004 I discussed the “Action Required” status of my Air Safety Report with my immediate Manager. I was informed the matter was none of my concern.
In April 2004, pilots were once again notified of three serious parking incidents involving un-commanded aircraft movement within the preceding two week period. An internal company bulletin denoted pilots failing to select the Park Brake to on as part of the shutdown procedure. These actions resulted in incidents that were both dangerous and costly. The un-authorized practice of opening cabin doors was not referenced as a related cause.
In June 2004 I was removed from the company’s payroll for a four day period without warning and merit.
In August 2004 pilots were advised the Occupational Safety and Health policy committee had received safety concerns with regards to the setting of the park brake and subsequent aircraft rollbacks.
In January 2005, I advanced my description of events and perceived internal reprisals, to the Air Canada Board of Directors.
In May 2005 I received a letter of reply from Air Canada senior management that contradicted the requirements of company and aircraft issued manuals.
In late September 2005 I submitted a more detailed description of the same concerns to Transport Canada, the Transportation Safety Board of Canada, ICAO and the Flight Safety Foundation of the U.S.A.
In early October 2005, my health and disability benefits were suspended without merit. Later during the same month a Transport Canada Inspector acknowledged my Air Safety Report’s legitimate concern was filed in good faith and through proper channels. Further, it was noted:
"Gauthier may very well have identified the real cause of the A320 parking rollback incidents Air Canada experienced in the Spring of 2004; not only that, he had reported the hazards to his company in plenty of time for the incidents to have been avoided."
On January 31, 2006 my health and disability benefits were terminated.
It should be noted when pay and/health benefits were suspended and terminated, I worked while not recieving pay with various company officials at resolving outstanding issues.
In March of 2006 I informed a senior ACPA representative and cc’d the entire ACPA Master Executive Council that I could no longer participate in negotiating a resolution to differences until benefits were restored.
Ultimately, health and disability benefits were never restored and then on October 5, 2006, Air Canada terminated my employment.
I am now no longer licensed to practice my profession. I remain unemployed and find myself on the verge of financial ruin. And, I am no longer able to provide for my family at the level I was at prior to suspension and termination of employment.
Further, I am not aware of ACPA filing a single grievance on my behalf.
I have informed Transport Canada, the Transportation Safety Board of Canada, the Canadian Industrial Relations Board, the Supreme Court of Canada and several other parties of these developments.
It is more than five years since I filed the Air Safety Report yet I am no longer employed and have not yet received the Air Safety Report investigation’s final report. This is why I say SMS is misleading.
Interestingly, Air Canada Corporate Policy and Safety Management Systems encouraged me to come forward and voice concerns without fear of reprisal. The experts will tell you this is the so-called foundation of a Flight Safety Reporting culture. Indeed, this is part of the job description of the aviation profession.
I can’t help but wonder how we can expect SMS to foster a culture of safety when there are such severe reprisals for an individual like me who sought only to follow safety standards and to improve safety for our flying public.
Where does a guarantee of no reprisals fit into this scenario? This is why I say SMS has no integrity and substance.
In closing I would like to point out a final irony of my personal situation.
In January 2006 I requested the Air Canada Emergency Response Program be implemented to redress the hardship to me, my wife and children that resulted from this crisis. The Emergency Response Program manual recognizes that:
“Accidents, incidents or other occurrences of a personal nature could produce acute stress reactions, which, if left unresolved, may have an impact on an individual’s health, career or job performance."
The Air Canada Pilots Association has thus far denied my request for assistance.
I began this presentation by echoing previous calls for a thorough and transparent public inquiry into aviation safety. When I brought my concerns to governing bodies that promote a healthy and vibrant reporting culture, I was shocked to learn there was not a foundation to support me or the concerns I brought forward. If Safety Management Systems is ever to control the reins of aviation safety, it must first rely on a foundation built from the ground up. Anonymity and an appropriate allowance for openness and transparency where necessary, are essential ingredients to such a foundation. It is up to us to find the right mix. I will do what I can to assist this process.
In the interim I have an obligation to continue to seek a venue that will provide closure to me and my family from the personal hardships associated with this devastating situational crisis.
Thank you for inviting me to speak and for the time you have spent listening to me.
Kevin Gauthier - ATPL# AA376158
