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Southern Air Inc. Refutes OSHA's Findings; Company to Appeal

Posted on: Tuesday, 7 April 2009, 17:27 CDT

NORWALK, Conn., April 7 /PRNewswire/ -- Southern Air Inc. today said that it will vigorously refute the findings by the Occupational Safety and Health Administration ("OSHA"), and it will appeal the findings and seek a full evidentiary hearing through the appropriate channels within the Department of Labor.

Brian Neff, Southern Air's president, commented: "We strongly disagree with these findings and believe the underlying claims on which the OSHA Northeast Region based its decision are completely without merit. We are also disappointed that OSHA's investigators chose to release these findings without first performing a thorough investigation into the matter, including notifying Southern Air of any facts upon which they were relying to support their findings and providing Southern Air with a full opportunity to respond. It is our strong belief that we will prevail in our appeal once we have had the opportunity to present all the facts in the matter." The Connecticut Superior Court recently upheld the Company's position in a ruling issued on February 17 in a related state court action. This state court action was the genesis for the litigation involving former Southern Air employees that is the subject of the findings OSHA released today.

It should be noted that nowhere in OSHA's Findings is there any allegation that Southern Air did not operate safely or violated any safety rules or regulations. Mr. Neff noted that, "The Federal Aviation Administration has conducted numerous safety inspections over the past 12 months, and Southern Air has been found to be fully compliant with all applicable FAA regulations."

Mr. Neff noted further that the claim that Southern Air "retaliated" against the former employees in question is specious. He stated that the Southern Air lawsuit against the former employees was filed only after these former employees made unprotected defamatory statements directed to Southern Air's customers and the business community that were intended to harm Southern Air's operations. In fact, in the Connecticut Superior Court's decision, the court found that defamatory statements made outside of the OSHA context were not necessarily protected and upheld Southern Air's right to pursue such claims.

"This is not a case of 'whistleblowers' being dismissed or retaliated against; this is an issue of Southern Air exercising its right to protect its reputation and business against false claims," Mr. Neff said.

"Southern Air remains fully committed to best practices in its business and operations. The Company is dedicated to maintaining the highest safety standards and to complying with all applicable government regulations, as supported by the multiple FAA audits that show we are in full compliance with all applicable FAA regulations. These findings are reinforced by a recent report from a respected independent consultant, concluding that customers shared the view that Southern Air was a leader in safety and reliability in the air cargo industry. We are certain that when all the facts are fully known, the Department of Labor and the courts will agree with our position," Mr. Neff concluded.

Media Contact: Sofia Mata-Leclerc Kekst and Company Tel: 212-521-4800

SOURCE Southern Air Inc.

Source: PR Newswire

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