Definitions

Under 1979.101, "Act" or "AIR21" means section 519 of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (Public Law 106-181, April 5, 2000), codified at 49 U.S.C. 42121.

• This definition ties the part's protections and procedures specifically to that federal statute.
• For the exact statutory reference see the definition in 1979.101.

Under 1979.101, an "air carrier" is a citizen of the United States that undertakes, by any means directly or indirectly, to provide air transportation.

• This definition means only U.S. citizen carriers are covered as "air carriers" under this part.
• For compliance questions about whether a particular company meets this definition, consult 1979.101.

Under 1979.101, the "Assistant Secretary" means the Assistant Secretary of Labor for Occupational Safety and Health or the person(s) to whom that authority is delegated.

• This identifies who has authority to administer the procedures and decisions under the part.
• See the term definition in 1979.101 for the authoritative text.

Under 1979.101, a "complainant" is the employee who filed a complaint under the Act or on whose behalf a complaint was filed.

• The term centers on the individual claiming retaliation or prohibited action covered by AIR21.
• For the formal definition refer to 1979.101.

Under 1979.101, a "contractor" is a company that performs safety-sensitive functions by contract for an air carrier.

• Only contractors performing safety-sensitive functions for an air carrier are encompassed by this definition.
• If you're unsure whether work is "safety-sensitive," consult the contract terms and relevant agency guidance; the definition itself is in 1979.101.

Under 1979.101, an "employee" includes current or former individuals working for an air carrier or its contractors/subcontractors, applicants to work for them, and individuals whose employment could be affected by an air carrier or its contractors/subcontractors.

• This is a broad definition: current employees, former employees, job applicants, and people whose employment could be impacted are all covered.
• See the full definition in 1979.101 for exact wording.

Under 1979.101, yes—"employee" specifically includes individuals applying to work for an air carrier or contractor and individuals who formerly worked for them.

• That means applicants and former employees can be protected or can file complaints under the Act as defined in 1979.101.
• For the exact language, review the definition in 1979.101.

Under 1979.101, a "named person" is the person alleged to have violated the Act.

• This term identifies the individual or entity accused in a complaint or investigation.
• See the definition in 1979.101 for the authoritative wording.

Under 1979.101, "OSHA" means the Occupational Safety and Health Administration of the U.S. Department of Labor.

• This identifies the federal agency that administers and enforces the protections and procedures described in the part.
• The definition appears in 1979.101.

Under 1979.101, "person" includes one or more individuals, partnerships, associations, corporations, business trusts, legal representatives, or any group of persons.

• This broad definition means the Act can apply to natural persons and many kinds of legal business entities or groups.
• See the definition text in 1979.101.

Under 1979.101, the "Secretary" means the Secretary of Labor or persons to whom authority under the Act has been delegated.

• This identifies the official with ultimate administrative authority over the part or their delegated designees.
• The precise definition appears in 1979.101.

Under 1979.101, an "air carrier" must be a citizen of the United States, so a foreign-incorporated company generally would not qualify unless it meets the legal test for U.S. citizenship for carriers.

• Determination of "citizenship" for airlines can depend on ownership and control tests used in aviation law; the definition in 1979.101 requires U.S. citizenship.
• For borderline cases consult legal counsel and agency guidance, referencing 1979.101.

Under 1979.101, only contractors that perform safety-sensitive functions by contract for an air carrier are included in the definition of "contractor."

• Routine vendors or contractors who do not perform safety-sensitive functions for an air carrier would not be covered by this specific definition.
• If there's uncertainty about whether work is "safety-sensitive," review the contract and operational responsibilities and consult 1979.101.

Under 1979.101, yes—"person" explicitly includes any group of persons as well as partnerships, associations, and corporations.

• That means a named group can be treated as a legal "person" under proceedings governed by this part.
• See the inclusive list in 1979.101.

Under 1979.101, a "named person" is the person alleged to have violated the Act, and because "person" includes individuals and organizations, the named person can be either an individual or an organization.

• The definitions of "person" and "named person" together allow complaints to name companies, groups, or individual actors.
• Review both relevant definitions in 1979.101.

Under 1979.101, yes—an "employee" includes individuals whose employment could be affected by an air carrier or its contractors or subcontractors, even if they do not currently work for the carrier.

• This provision extends coverage to third parties whose job prospects or employment status could be impacted by carrier actions.
• See the full definition in 1979.101.

Under 1979.101, "OSHA" is defined as the Occupational Safety and Health Administration of the U.S. Department of Labor, which is the agency that administers enforcement and procedures under this part.

• This identifies OSHA as the responsible enforcement agency for complaints and procedures created under AIR21.
• See the definition in 1979.101 for the authoritative text.