Aviation Risk

Turbulence Increasing

Political and cultural clashes are moving off the streets and into the aisles of airplanes.
By: | May 2, 2017 • 8 min read

Turbulence in the air is increasing, and a change in flight plan isn’t the answer.

As cultural and political clashes move from the streets into the air — and onto YouTube — airlines must protect their brands and other passengers before events get out of hand. Liability is generally not an issue unless there is bodily injury, but even then it’s questionable whether an airline would be found at fault when a dispute is between two passengers.

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While incidents involving unruly passengers on airplanes have been increasing, there are no statistics kept on the types of disturbance that have occurred.

Yet, anecdotal evidence abounds. More than 2 million people have watched YouTube videos about the New York attorney who was kicked off a JetBlue flight after verbally accosting Ivanka Trump and her family.

Both supporters and critics of President Trump have been kicked off airplanes after loudly proclaiming their political views, and sometimes refusing to sit next to people who have different opinions.

It’s not just political disagreements that bedevil airlines. Some Orthodox Jewish or Muslim men have refused to sit next to women. Some Muslim passengers have been removed from planes just for speaking Arabic or been refused boarding for praying before take-off.

Some men are asked to switch their seats to avoid having them seated next to unaccompanied underage females. Some women who travel alone have been assaulted by seatmates.

“The airline is truly caught in the middle of this situation and doesn’t want to be there,” said attorney Mark Dombroff, chair of the aviation practice at Dentons law firm. “Yet, they find themselves wrapped up in this cultural tension.

“You overlay heightened awareness of terrorism and cultural sensitivity, and put that in the context of the already stressful environment of aviation and I think it ratchets up the issue on airplanes.”

Two brokers who work with the aviation industry said no insurance claims relating to political or cultural disputes have been filed, according to the claims adjusters they spoke with.

A Difficult Situation

“It’s very difficult to answer on a universal level as to what an airline can do about it,” said Rob Lawson, a partner at the Clyde & Co. law firm, who specializes in aviation. “You’re damned if you do and damned if you don’t.

“Historically, the problem with unruly passengers has been in relation to passengers who have been fueled by alcohol. That’s a very different problem than a cultural issue.”

Mark Dombroff, chair of the aviation practice, Dentons

The number of incidents on-board airlines has been increasing.

From 2007 to 2013, an analysis by the International Air Transport Association (IATA) found one unruly incident per 1,600 flights. In 2015, it increased to one incident for every 1,205 flights. Intoxication was identified in about one-quarter of the reported cases. The majority of the incidents involved verbal altercations, 11 percent involved physical aggregation or damage to the aircraft.

More than half (53 percent) of IATA members surveyed in 2015 said that the frequency of unruly passengers had increased in the past five years, and 40 percent had diverted a flight in the past 12 months due to an unruly passenger.

“The airline is truly caught in the middle of this situation and doesn’t want to be there.” —Mark Dombroff, chair of the aviation practice, Dentons

According to the FAA — which tracks domestic flights as opposed to all flights tracked by the IATA — there was one unruly passenger for every 114,500 flights.

The FAA number reflects “the lowest it has ever been since the federal government has tracked this specific unruly passenger data,” according to Airlines for America (A4A), a trade organization representing airlines.

“The world of airline travel is not easy today. … You have a mix of every conceivable personality, heritage, weight, all sitting in these tiny seats that seem to get smaller all the time,” said Bradley Meinhardt, area president and managing director-aviation, Arthur J. Gallagher & Co., a repeat Power Broker® in the aviation category. “That can be a volatile mix.”

One broker who asked not to be identified said she personally experienced a disconcerting incident on an airline when the Muslim man sitting next to her said he didn’t want to speak with her because she was not a believer. He did not ask that she be moved.

“It was a little uncomfortable,” she said. “This is definitely something that could be an issue and probably will be an issue.”

Decision-Making on the Fly

Safety will always be at the forefront of the airline cabin crew’s response.

“The safety of our passengers and crew are always our highest priority, and the crew members on board the plane are always mindful of the need to keep all passengers safe,” said Kathy Grannis Allen, managing director, airline industry public relations, communications, A4A, in an email.

“Airline employees rely on their extensive customer service training to address the rare instances when passenger disruptions happen on board … . A4A has supported vigorous prosecution of passengers charged with disruptive behavior aboard aircraft,” she said.

“Interfering with the flight crew’s performance of duty is a federal charge [on U.S. domestic flights],” said Dombroff.

Prosecution doesn’t require specific intent to interfere, he said. “The mere fact of it occurring is sufficient.”

For international flights, it’s more complex. In many cases, the country where a passenger leaves the plane does not have jurisdiction to prosecute if the aircraft is registered in another country, according to the IATA, which noted that the Tokyo Convention of 1963 governs offenses on flights.

The consequence is that the offenders are left unpunished, said the IATA, which noted that the high cost of extradition to the original country is likely to deter all but the most serious prosecutions.

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The IATA has worked with some countries to permit “state-of-landing jurisdiction” to permit prosecution of events that occur onboard foreign aircraft.

But more often, it’s not prosecution that’s involved but escorting offending passengers off the plane if they fail to quiet down or comply with instructions from the cabin crew.

The practice of escorting passengers off planes became a huge international controversy in April when United Airlines forcibly removed a 69-year-old physician because it needed seats to fly crew members to another city.

Cell phone videos showed what appeared to be aviation security officers banging the man’s head into an armrest and dragging him from the plane. The passenger, who suffered a concussion and broken nose, planned to sue the airline.

Once a plane is in flight, the captain is the ultimate onboard authority, said Meinhardt.

If an incident occurs in the air, the captain can decide to divert the plane to a closer landing field, where the offending passenger will be removed.

According to the IATA, the cost of a diversion could cost from $6,000 to $200,000, depending on factors such as whether fuel has to be jettisoned to comply with the aircraft’s maximum landing weight limit, landing fees, accommodation, ground-handling charges, passenger compensation and fuel uplift to complete the journey.

IATA best practices call for using de-escalation techniques with unruly passengers “and as a last resort the use of restraints,” said Jonathan Jasper, IATA cabin safety manager, in an email.

Liability Limited

Ejecting a passenger or moving — or refusing to move — passengers is unlikely to trigger an insurance claim or successful litigation by a passenger. And losses associated with diverting a plane would not lead to a successful insurance claim by an airline, either, experts said.

Lawson of Clyde & Co. said that an airline’s terms and conditions usually give it the right to move passengers, to refuse boarding and eject passengers if they behave in an unreasonable manner. Should that occur, “case law says that if you merely are upset by what an airline says to you in the course of a flight, you have no right of action.”

Bradley Meinhardt, area president and managing director-aviation, Arthur J. Gallagher & Co.

The same is true if a passenger upsets another passenger, he said, explaining that the Montreal Convention [a global airline treaty that establishes airline liability] has an exclusive liability code which says the airline will be liable for bodily injury caused by an accident.

“If nothing qualifies as an ‘accident’ and/or you don’t have any ‘bodily injury’ — in the sense those terms are used in the convention — then there is no basis for a carrier to be held liable,” Lawson said.

“You would not be able to claim, for example, the humiliation and vexation of being moved from your assigned seat or, for example, as a result of having to sit next to a woman on a flight — if that was contrary to your religion — because the Montreal Convention does not provide for liability in such circumstances,” he said.

What’s important, he said, is to have clear policies and procedures for how such situations should be dealt with.

“The system is all important,” he said. “If you try to deal with things ad hoc, you are opening yourself up to an unnecessary and potentially avoidable complaint.”

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Meinhardt said even though such conflicts don’t typically trigger an airline’s insurance policies, that doesn’t mean an airline wouldn’t attempt to soothe hurt feelings by offering apologies, flight vouchers or other amenities.

“I think airlines are doing a great job,” he said. “When they have bad press associated with these incidents where a passenger feels they were mistreated or had a situation that unfortunately got out of control, they are very proactive these days.

“They defuse it, accept it or immediately try to resolve it. They don’t keep quiet, but behind the scenes they move to resolve it by reaching out to the passenger.”

Dombroff added: “Airlines are in the business of passenger satisfaction and they want to protect their brand. While there probably isn’t liability, airlines have settled claims filed against them related to these types of issues to resolve the issue and remove themselves from controversy.

“So long as cultural sensitivity and political sensitivity continue as part of our lives, it will intrude into aviation. It’s inevitable,” he said. “Airlines are the ones caught in the middle. &

Anne Freedman is managing editor of Risk & Insurance. She can be reached at [email protected]

More from Risk & Insurance

More from Risk & Insurance

Workers' Comp

Keeping Workers on Their Feet

Slip and fall prevention programs must interweave all of the factors contributing to the risk.
By: | July 6, 2017 • 11 min read

If you peruse the last decade’s worth of literature from the CDC, NIOSH, or numerous other agencies or organizations, you’re bound to come across the “good news” that slips, trips and falls are largely preventable.

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So it’s frustrating, then, that slip, trip and fall injuries consistently account for more than a quarter of all nonfatal occupational injuries, and at least 65 percent of those injuries happen on same-level walking surfaces. And those figures just don’t budge all that much from year to year.

According to the “2016 Liberty Mutual Workplace Safety Index,” falls on same level currently rank as the second highest cause of disabling injuries in the U.S., with direct costs of $10.17 billion, accounting for 16.4 percent of the total national injury burden.

“Not only are they still happening often, but they tend to be very significant injuries,” said Mike Lampl, director of research at the Ohio Bureau of Workers’ Compensation.

“We’ve seen these trends grow over the years,” said Wayne Maynard, product director, risk control, with Liberty Mutual. “Bottom line is, it’s a real, real big problem.”

So why are preventable falls so hard to prevent? This stubborn status quo, say experts, is that the causes of slips and trips are typically far more complex than they seem. There are nearly always multiple factors in play, from footwear and flooring and the interplay of both, to cleaning procedures, lighting, housekeeping, weather, and workers’ mental or physical conditions as well as overall awareness.

And all of these factors are being exacerbated by the fact that incidents often go unreported.

“Slips, falls — people get up, move on, they don’t report it,” said Maynard.

“When somebody’s injured and files a claim — in the workers’ arena, how many are behind the scenes that may have happened that are not reportable? …. The unreported number is considerable in my opinion.”

The key to making any headway in reducing slips and falls on the same surface, say experts, is to have a comprehensive fall prevention plan that addresses all possible factors. No small task.

Engineering Solutions

Flooring conditions are often the most obvious starting point. Ideally, said Maynard, all the right choices are made at the planning and design stage. But sometimes mistakes are made, and in other cases, a business may be inheriting an older space with floor chosen for a different purpose.

Patricia Showerman, senior loss control consultant, Arthur J. Gallagher & Co.

So even flooring in good condition may be the wrong type of material and may not have the necessary coefficient of friction (slip resistance) needed for the work being done.

If companies want to drill down into all the details of the surfaces in their facilities, a friction coefficient study is always an option, said Patricia Showerman, senior loss control consultant at Arthur J. Gallagher & Co.

But if a company doesn’t want to take that step, she said, it may be a simpler matter of saying, “Let’s look at what you’ve got. Let’s look at your floor surfaces and how you’re maintaining them.”

A lot of people want that “shiny grocery store glam look,” she said. “And if you can do it properly, and maintain it properly and keep that coefficient of friction and have the shiny look, that’s great. That’s what everybody wants but how do they get there?”

Certain surfaces may start out with an adequate coefficient of friction when they’re clean and dry. But add even an invisible layer of dust or debris, “and it’s like microscopic little BBs that you slide across,” said Showerman. “So if you have dust on your floor, you are dramatically reducing your slip coefficient.”

For companies that do have flooring surfaces in need of improvement, ripping up the floor and replacing it isn’t typically a feasible option. Fortunately there are more budget-friendly ways to get the maximum slip resistance from existing flooring, such as coatings and etchings.

A coating adds a microscopic layer on top of the flooring that creates a grip surface while maintaining the shine. Showerman likened the effect to the way that Velcro fasteners work.

“You want that hook effect … sharp points are going to microscopically stick into the soles of your shoes, rather than rolling off the top.”

Etching can work in a similar way, chemically altering the existing surface to make it imperceptibly gritty. Etching can also be used to create pores in an existing surface, which is useful for areas such as machine shops, she said.

Be Smart With Surfactants

While keeping floor surfaces clean is one of the best ways to remove slip and fall hazards, cleaning them the wrong way can actually do more harm than good.

Failure to follow appropriate cleaning procedures can severely diminish a surface’s coefficient of friction.

Experts suggest that companies engage with their chemical suppliers, and discuss their flooring as well as the types of dirt or grease removal and disinfectant needs. Detergents – which can contain different types of surfactants — aren’t a one size fits all solution.

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Sometimes purchasers might be inclined to try to cover all their bases by buying the strongest product on the market, but that might mean adding unnecessary surfactants that make surfaces less slip resistant.

“Clearly identify the types of surfaces you’re using it for, the type of oil or dirt or debris you have, and whether or not you need a sanitizing step,” said Showerman.

“You’ve got to find the right balance.”

But that’s only half the battle. A significant problem experts see time and time again is that companies don’t understand how their flooring is being maintained on a day-to-day basis by front-line employees. Failure to follow appropriate cleaning procedures can severely diminish a surface’s coefficient of friction.

“This is where you’re seeing someone with a mop and bucket and they are just re-smearing that grease from one place to another. They put the dirty mop in the dirty bucket, the mop gets full of that emulsified grease and you’re smearing it across the room. In high grease areas, you have to replace with clean water consistently.”

In other cases, a worker without the proper training may grab the first detergent he finds, even if it’s meant for the equipment rather than the floor. Or perhaps he mixes equal parts detergent and water when he was supposed to only use 8 oz. of detergent for every five gallons of water.
Sometimes people will even over-concentrate the detergent on purpose, she added.

Peter Koch, safety management specialist, The MEMIC Group

“I see that in the food industry frequently,” said Showerman. “They find that the more detergent they leave on the floor, the easier it is to clean up next time … but then everyone’s slipping and falling like in a cartoon.”

A company could invest a significant amount in flooring improvements, only to have the benefits undone by improper detergent use or failure to follow recommended rinsing procedures.

It’s incumbent upon safety managers to reinforce that maintaining floor surfaces isn’t just a matter of housekeeping, but a key part of the company’s workplace safety program.

The Human Factor

When you’ve done everything possible to address hazards in the physical work environment, workers themselves remain the wildcard. Most employers routinely include slip and fall hazards in their safety awareness training or toolbox talk programs. But that training should go well beyond a general “watch where you walk” message, say experts.

“One of the most overlooked parts for employee safety is actually employee training,” said Peter Koch, safety management specialist at  The MEMIC Group.

“How do you train an employee to not slip and fall? I think many times that is wrapped in a “you have to be more careful” message, which is valid but nebulous and not very helpful — it means something different to everyone based on your risk tolerance as an individual.”

Koch’s employee training regimen revolves around four elements: surfaces, awareness, footwear and environment (SAFE).

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The first goal of the surface portion is just to get employees to start thinking about the different types of surfaces they walk on and how it can change throughout the work day. Koch said he likes to ask: “How many different types of surfaces did you have to walk on the get to this training room?”

The footwear piece of it is the most straightforward. Are your shoes designed for the work that you’re doing and the surfaces you’re walking on? Are they in good condition? Are the soles worn out?

There is no ASTM standard for measuring the performance of slip-resistant footwear, added Gallagher’s Showerman. So workers should be reminded that wearing the right shoe isn’t a guarantee — it’s just one piece of the solution.

Awareness, said Koch, may be the most challenging piece of the puzzle — helping people to think about their gait, what they’re carrying, what they’re doing, and simply where their heads are at any given moment.

“If you’re thinking about 15 things you have to get done by the end of the day, or you have a particularly challenging employee interaction coming up that day, or you had a fight with your girlfriend last night— or whatever it is — you’re not focused. Then you take that step through the icy patch, and now it relies completely on your athletic ability and luck to stay upright.”

Workers may not necessarily make the connection between personal factors and fall risk. Someone who has an ear infection or is taking certain medications, for example, may not even be aware that their balance might be compromised, putting them at higher risk for a fall.

Employees also should be reminded of how even normal daily stressors can contribute to risk. Everyone is under pressure to deliver more in less time. Everyone is rushing, everyone is stretched to their limits. Add the ever-present cellphone beeping and buzzing and demanding our attention and perhaps it’s a wonder slips and falls don’t happen even more often than they already do.

We’re so conditioned to react when the vibration goes off or the tone chimes in our pockets that we just grab it without thinking, Koch said.

“If you knowingly put yourself at risk by knowingly going quickly through an area with slip and fall exposures, it’s just Russian roulette – at some point you’re going to get broken.” — Peter Koch, safety management specialist, The MEMIC Group.

“Even that, in certain conditions, is going to be enough to put you on the ground.”

Awareness of environmental factors should also be part of the training, Koch said, especially in terms of what workers can’t control, like inclement weather.  He said the main thing he tries to impress upon people is to slow down in a high-risk environment.

“If you knowingly put yourself at risk by knowingly going quickly through an area with slip and fall exposures, it’s just Russian roulette – at some point you’re going to get broken.”

Koch says that getting people to put all of these facets of awareness together is where the training can really click.

The goal is that when they approach an area with a higher-risk surface, employees are thinking “for those few seconds or minutes that I’m going to be walking through it, I need to have a greater sense of awareness, I need to put away the mental [distractions] and focus on what I’m doing – don’t answer your phone, don’t answer your texts.”

Some employers are looking to address the human piece of the slip and fall puzzle by using training that goes far beyond hazard awareness. Active slip-prevention training focuses on body mechanics and teaches workers how to respond when they feel themselves begin to slip.

One such program revolves around the Slip Simulator, technology born of a research partnership between Virginia Tech researchers and UPS. The simulator that creates slippery and hazardous conditions in a controlled environment while participants walk in a harness so they can slip safely. An instructor offers real-time guidance on how to alter their movements to avoid falling.

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After mastering the initial technique, trainees face additional challenges related to their specific work environments, such as walking up ramps or turning wheels. A New Mexico security team practiced drawing firearms while standing on the simulator, which led to a change in how they wear their weapons. Workers at an Ohio refinery practiced stepping over pipes and turning large valves.

Clients of the program are reporting 60 to 80 percent reductions in accident rates.

The Road Ahead

A comprehensive slip and fall prevention plan is a must for employers, experts agreed, with clear, consistent procedures that empower employees to be a part of the solution.

“Employees play a very critical role,” said Liberty Mutual’s Maynard. “If they see a slip risk or a slipperiness issue, they need to be able to report it and they need to be able to get that corrected immediately. They have an important role in maintaining a safe facility and reducing risk themselves — be proactive, don’t walk by, clean it up.

“Any time you can involve the employee in solutions …. the likelihood of success of that intervention is higher.”

Maynard added that the best prevention plans will also be forward-looking.

“Understand where current safety performance is. Then make a roadmap to get better,” he said. “Emphasize where you’re doing well,” then identify opportunities to effect improvement, now and over the next three, four or five years.

“Prevention is too often reactive,” Maynard said. “We’ve got an issue and now what do we do? The goal is for companies to be proactive.” &

Michelle Kerr is associate editor of Risk & Insurance. She can be reached at [email protected]