2 S.F. activists sue over 'no-fly'

 of Alaska Airlines said....

 

  A Letter from A Safety Inspector

 



Mary Diefenderfer
Wednesday, April 23, 2003

This letter was written by Mary Diefenderfer, lead inspector of Alaska Airlines prior to the AK261 crash. March 13, 2003

 

Mr. Kevin V. Ryan

United States Attorney Northern District of California

450 Golden Gate Ave., 11th Floor Box 36055 San Francisco, CA 92102

 

Dear Mr. Ryan:

 

    This letter is in reference to your re-opened investigation of the crash of Alaska Airlines 261. It contains pertinent information about the FAA’s contributory actions in that crash. This information will also point to possible criminal activities on the part of FAA officials who allegedly assisted Alaska Airlines in preventing FAA inspectors from discovering safety deficiencies, from making the appropriate reports, and/or from pursuing safety violations against the airline. This occurred both in Seattle and in Oakland. Although my testimony regarding these activities is contained in NTSB records, this letter is intended to remind you that the FAA created an environment that allowed such alleged criminal activities to take place, and may have even assisted the airline through actions against inspectors. These points should be examined while you are conducting your thorough investigation, as they are an integral part of the chain of events that led up to the accident. The evidence will point to cultural problems within the FAA that allowed safety deficiencies at the airline to occur.

 

I am a former airline principal operations inspector (POI) of the Federal Aviation Administration in Renton, WA, the office that has oversight responsibility for Alaska Airlines. In my former capacity, I had main operational oversight and legal signatory authority for Alaska Airline’s operational approvals from 1993 to 1997. This is the timeframe for which Alaska Airline’s alleged criminal activities are in question.

Prior to the crash, I provided testimony to the Office of Inspector General, FAA Administrator, and others, which pointed to gross mismanagement by FAA officials, abuse of authority, and even potential RICO activities by FAA officials in Renton with regard to safety deficiencies at Alaska Airlines. My testimony, and that of others, was not only ignored, but those testifying found themselves subjected to retaliation for their reports, some even losing their careers, while the FAA perpetrators received promotions and bonuses. An independent investigation was conducted by the Airline Investigation Unit (www.airlineinvestigationunit.com) that arrived at the same conclusions. The final report contained specific evidence from both before and after the accident, but FAA leaders also ignored that evidence.

 

    From the early 1990’s until the crash of Alaska Airlines 261, principal operations and maintenance inspectors assigned to the airline identified and reported an increasing trend of significant, if not extremely serious safety violations, combined with an increasing arbitrary and regulatory non-compliant stance by the airline. This included knowingly making false statements about the conduct of airline programs and employee training, completion of safety qualification training that was never actually initiated, falsifying pilot and instructor training records, not fulfilling legal employee training requirements in accordance with FAA approved training programs, using unapproved de-icing fluids (vodka), forcing line pilots to fly below legal weather minimums in hazardous terrain, and creating a culture that encouraged pilots and mechanics not to write up maintenance deficiencies unless it was convenient. This last point resulted in pilots occasionally flying a broken airplane for four or more flight legs. In one case, a pilot knowingly flew a B-737 for four legs with a red gear alert light illuminated in the cockpit. This could easily have resulted in a landing crash. In another case, Alaska Airlines knowing flew an MD-80 for hundreds of flight legs with an internally leaking fuel tank thereby creating the opportunity for a fiery explosion. About the same timeframe, the airline allowed a B-737 to continue to fly with a cracked walking beam, which could have resulted in a take off or landing crash. These broken airplanes were flown with passengers onboard. The specifics are documented in FAA archives.

 

    The airline progressively became more retaliatory against those they considered “problem” or “rogue” inspectors, or those that discovered safety problems, while apparently also becoming progressively more retaliatory against their own internal whistleblowers. This was the beginning of the end of the lives of the 88 souls on Alaska Airlines 261.

 

    FAA inspectors were threatened by airline officials, and were subjected to false testimony by airline officials. In one case, an Alaska Airlines Vice President forced two management pilots to make specific false allegations against an inspector who was processing a violation against the airline. The management pilots did so, but later recanted their claims when they learned the inspector could be fired. This case is documented in FAA Civil Aviation Security files.

 

    Airline officials took an active approach in influencing FAA management in the Renton, WA office to “fix” any inspectors who found deficiencies insisting on a series of severe facilitated inspector reprogramming sessions. While these sessions were ongoing, FAA officials made extreme efforts to silence FAA operational and maintenance inspectors through a hostile work environment, and restrictions on activities and surveillance. Furthermore, they stopped documented violations by losing evidence or simply ordering the inspectors to cease pursing the case. Any inspectors who failed to cease, questioned management’s actions, or made a report to other departments or hotlines, were simply punished and isolated. The leaking fuel tank case, as well as the walking beam case had fines reduced by hundreds of thousands of dollars to under $50,000 after Alaska Airlines CEO threatened an FAA supervisor with a lawsuit. (Any fines over $50,000 are published on the FAA website, and the CEO did not want the violations to be public).

 

    In the Oakland FAA office in the 1997-98 timeframe, an Alaska Airlines whistleblower informed an inspector of an alleged case of falsification of maintenance records in the airline’s Oakland maintenance base. When that FAA inspector attempted to pursue the case, he too was threatened and reassigned by his office manager. The accident might not have ever occurred if the FAA had allowed the inspector to pursue appropriate action, and if the Renton office had supported the finding, which they did not. This is documented in FAA and FBI files.

Ultimately, most of the inspectors who had any oversight responsibility for Alaska Airlines in Renton and Oakland prior to the accident were reassigned to other duties. Less knowledgeable and/or experienced inspectors were placed on the Alaska Airlines oversight team. The new principal operations inspector had an immediate family member working as an accounting executive for the airline and reporting to the CEO. This conflict of interest could only serve to increase Alaska Airlines influence over FAA officials in their safety decision-making. The conflict was reported to FAA officials, but ignored. Alaska Airlines officials applauded the changes.

 

    I was one of the casualties of the agreement between Alaska Airlines and the FAA to subdue inspectors. As POI of Alaska Airlines, I was convinced that the negative safety and regulatory

trends demonstrated by Alaska Airlines would result in a major accident. After reporting my findings to local FAA authorities, the OIG and FAA Headquarters in 1997, I was reassigned and endured retaliation to an extent that had not been previously seen in Renton. The retaliation went on from 1997 until 1999, when I was reassigned to a supervisor who had been jailed for an assault conviction. His increasing abuse towards me was condoned by senior management, and continued until I was forced to take a constructive discharge to preserve my career and health. The remaining inspectors learned to keep silent, lest they endure the same fate.

 

    The final result of the Alaska Airlines and FAA management stance against inspectors was a degradation of safety through less oversight and fewer inspections, while FAA management (instead of the inspectors with the expertise) worked out violations. Purging the case from the database usually took care of this. Even after the accident, the FAA manager of the Alaska Airlines oversight team met with Alaska Airlines officials and offered to conduct a “white glove” inspection, but to not document any deficiencies. This is not only contrary to FAA policy, but it is contrary to public law. This is documented in FBI files.

 

    The bottom line is that a very disturbing culture existed and probably still exists within the FAA that allowed the chain of events leading up to this accident to occur. The same FAA officials are in charge, so why should anything change? Those that are no longer in Renton received promotions as a reward for their protectionism of the airline and their retaliatory actions against safety inspectors. Must we wait until Alaska Airlines has another fatal accident to realize that the indicators are present, but nobody chooses to address them once again?

 

    FAA management are experts at explaining away individually documented incidents with claims the employees were “disgruntled”, that “no policy exists”, that they “studied the situation and found no basis for action”, and so forth. The fact is, FAA management was aware of the safety

 implications of the inspector’s trend identification, did nothing except assist the airline in silencing the inspectors, and 88 fatalities occurred as a result.

I have not used the names of the guilty parties to protect them from any media attention.

 

    You can contact me for a list of their names and specific details, but as I mentioned previously, these details and much more are contained in NTSB and FBI files, and in FAA archives. May I also suggest that you subpoena phone records, including cell phone records of the Office Manager of the Alaska Airlines Certificate Management Office (CMO) from the date of the accident until the present date. You are likely to find numerous calls between the FAA Manager and Alaska Airlines attorney’s, CEO, and VPs at irregular hours on a regular basis. This type of activity may or may not be in accordance with current FAA policies, but it certainly is questionable based on recent historical events, the particular manager’s background, and FAA management’s propensity to bury inspector safety recommendations.

 

Sincerely,

Mary Rose Diefenderfer Seattle, WA 98168

 

CC: FBI, SFO Family members of Alaska Airlines 261 victims,  Representative DeFazio, Oregon,  Senator Santorum, Pennsylvania

 

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Diefenderfer Posts to her Professional Forum (MS Word Doc)
The Mary Rose Diefenderfer Story
Another Alaska WhistleBlower - John Liotine

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