Decision No. 433-AT-A-1999
July 22, 1999
IN THE MATTER OF Decision No. 502-AT-A-1998 dated October 19, 1998 - Air Transat A.T. Inc. carrying on business as Air Transat.
File No. U3570/98-11
BACKGROUND
In Decision No. 502-AT-A-1998 dated October 19, 1998, the Canadian Transportation Agency (hereinafter the Agency) made a determination on the complaint filed by Stanley Redman with respect to the non-provision of wheelchair assistance to deplane when travelling from Toronto to Santo Domingo, Dominican Republic with Air Transat A.T. Inc. carrying on business as Air Transat (hereinafter Air Transat).
The Agency recognized that the approximate 30 minutes Mr. Redman waited on the aircraft, with no deplaning assistance from the carrier, was an inconvenience to him, but that it was the result of operational circumstances created by the number of passengers requiring deplaning assistance, with a limited number of wheelchairs available. However, the Agency found that the lack of initiative on the part of Air Transat personnel in communicating with Mr. Redman, to explain the circumstances of the situation and provide reassurance concerning the deplaning assistance and the bus transfer, created an undue obstacle to his mobility.
Pursuant to Decision No. 502-AT-A-1998, Air Transat was required to:
- provide the training records of the personnel involved and, in particular the records of the passenger service supervisor onboard the aircraft on the day in question, including dates of initial training and any refresher training taken since; and,
- issue an advisory bulletin to all personnel, whether employees or contracted employees of the carrier, highlighting the incident experienced by this passenger and the importance of effective, ongoing communication with passengers who require assistance, and outlining steps to prevent a recurrence of this situation; and to provide the Agency with a copy of that bulletin.
Upon review of the required information, the Agency would determine whether further action is required with respect to this matter.
ISSUE
The issue to be addressed is whether or not the measures undertaken by Air Transat satisfy the requirements of Decision No. 502-AT-A-1998.
FACTS
Air Transat explained that the passenger service supervisor who interacted with Mr. Redman during the incident was an employee of a passenger service and ground handling company contracted by the carrier for operations at the Santo Domingo International Airport. It is Air Transat's understanding that the Agency's Personnel Training for the Assistance of Persons with Disabilities Regulations (hereinafter the Training Regulations) do not apply to employees of airport and ground handling service providers contracted by Canadian carriers at foreign airports. Consequently, Air Transat states that it did not undertake such training in Santo Domingo. As such, no training records for this individual are available.
Air Transat provided the training records of the 11 cabin crew personnel involved. Three of the 11 received their initial training between 1989 and 1992, while five others were in 1993, two in 1994 and the last in 1995. The most recent annual training reported by Air Transat for the 11 cabin crew personnel was between April and June of 1998.
Air Transat submitted a copy of a memorandum distributed to its airport, in-flight and passenger services personnel, as well as to contracted passenger and ground handling service personnel at Canadian and foreign airports. The memorandum summarizes Mr. Redman's experience and reminds employees of the importance of maintaining proper communication at all times with passengers requiring assistance. Should circumstances beyond control not allow for assistance to be immediately provided, attending personnel are instructed to keep the passenger properly informed of the situation while providing reassurance that assistance is indeed forthcoming. Air Transat stresses the importance of ensuring that the passenger is not forgotten or left to deal with the matter by himself or herself, and that efforts be made to provide the assistance as expeditiously as possible.
ANALYSIS AND FINDINGS
The Agency has considered all of the material submitted by Air Transat.
The Agency notes that the passenger service supervisor who interacted with Mr. Redman is an employee of the contracted company that provides passenger and ground handling services on behalf of Air Transat in Santo Domingo. Although this employee is not subject to the Agency's Training Regulations, Air Transat has forwarded a memorandum to its contracted passenger and ground handling service personnel at its Canadian and foreign airports to summarize Mr. Redman's experience and to remind employees of the importance of maintaining proper communication with persons with disabilities.
The Agency is of the opinion that the yearly recurrent training, combined with the information given by Air Transat to its personnel and contracted passenger and ground handling service personnel at its Canadian and foreign airports will assist in preventing a recurrence of the situation experienced by Mr. Redman during his trip. The Agency finds that the measures undertaken by Air Transat satisfy the requirements of Decision No. 502-AT-A-1998.
CONCLUSION
Based on the above findings, the Agency does not contemplate further action with respect to this file.
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