CC6813 - 23.5 hour long duty from standby call out

Initial Report

I had a 0700-1300 standby block, 5 days in total, and was called on day 1 for a flight that didn’t report until 15:20. It then had a delay to report at 16:20. I raised this with the crewing team on the initial call and said that I started my standby at 7am and that this would be out of my block. They advised that I would have a 2 hour 35 min break, which increased to 3 hours after I raised that we had an hour delay so this should be accounted for. I was called out with another crew member on the same standby block and we both pushed back to the company that this wasn’t an acceptable time given the length of duty, but was told we must complete the duty.

The flight was 10 hour 25 mins and we arrived at the destination at 21:18 local (05:18 UK time). After disembarking and travelling to the hotel, we didn’t arrive at the hotel until 22:35 local (06:35 UK) meaning my duty was 23 hours 35 minutes long. Both myself and the other standby crew member felt exhausted by this point. Given the -8 hour time difference in the west coast destination, it’s hard to maintain a good sleep pattern regardless of the length of duty.

We were told that the standby block times aren’t relevant to the call out time, and that they don’t count towards duty hours. We were also told the 18 hour awake rule didn’t apply as we had a 3 hour break, but given the duty we were awake for over 19 hours including the 3 hour break (7am to 5am = 22 hours, – 3 hours break). The company should have either pre allocated the duty the night before, as they were doing with other crew on the same standby, or allocated it to crew in a later standby block. They should consider following standby block times more rigorously to minimise fatigue. Standby rules should be written clearer too, as each person we spoke to gave us different information.

comments

Company Comment

Home standby duty for cabin crew is 6 hours (reduced from 8 hours as part of a scheduling agreement), although FTL regulations allow for 12-hour home standbys. There is no rule mandating the report time of the duty assigned must start within the duration of the standby, although the crew member must be notified during the standby period.

The start time of an FDP where inflight rest is taken cannot be more than 8 hours after the beginning of the standby, therefore in this situation, the FDP would begin at 1500z, not the scheduled 1520z. With a 1500z report time and 3 hours inflight rest, this takes the total allowable FDP to 17 hours, so the crew member was well within the limit.

As per OMA, ‘A crewmember should only be called out from standby to operate a flying duty that will result in an “awake” time of over 18 hours if the minimum in-flight rest is available’. As inflight rest was required, the awake time rule does not apply.

An appropriate fatigue mitigation is the allocation of inflight rest, which is supported by OMA.

I’m unsure what the time crew member was called out, however as they are not required to be on duty at the start time of their standby and resting at their place of residence. While the standby is considered a ‘duty’, only 20 minutes in this situation count towards the duty period on the day, which was the difference in report time and 8 hours after the start time of the standby.

The point about the duty should have been pre-allocated is not valid; the purpose of standby is to cover flights at short notice. If flights are sometimes allocated early, but it’s not always possible due to absence on the day and to maintain some flexibility in the operation.

Without listening to the call between the crew member and Crewing around the words used in relation to they ‘must complete the duty’, I can’t comment on whether the conversation was appropriate or not, however the allocation of the flight was compliant as described above. If the crew member felt they were too tired to safely operate, they have a responsibility as per OMA section 7.

OMA Crewmember Responsibilities

Crewmembers shall:

(1) Comply with all flight and duty time limitations (FTL) and rest requirements applicable to their activities.

(2) When undertaking duties for more than one operator;

  1. a) Maintain his/her individual records regarding flight and duty times and rest periods as referred to in applicable FTL requirements; and
  2. b) Provide each operator with the date, start time, end time, duty time and flight time to ensure such activities are planned in accordance with the applicable FTL requirements.

(3) The crewmember shall not perform duties on an aircraft if they know or suspect that they are suffering from fatigue or feel otherwise unfit to the extent that the flight may be endangered.

(4) Make optimum use of the opportunities and facilities for rest provided and plan and use their rest properly.

(SEP Manual) OMB Cabin Crew Fitness to fly

Each crewmember is responsible for ensuring that they do not perform duties on an aircraft or whilst attending training:

(1) When under the influence of psychoactive substances or alcohol; or when unfit due to injury, fatigue, medication, sickness or other similar causes.

(2) Until a reasonable time period has elapsed after deep water diving, or following blood donation. (See below).

(3) If applicable medical requirements are not fulfilled.

(4) If they are in any doubt of being able to accomplish their assigned duties.

(5) If they know or suspect that they are suffering from fatigue or feel otherwise unfit, to the extent that the flight could be endangered.

CAA Comment

It is possible during a standby period to assign a duty that will start after the rostered end of the standby period. Duties assigned during a standby period should in principle start within the operator’s defined response time from the call.

The response time between the call and reporting is considered a continuation of the standby, notwithstanding the rostered end of the standby; this time also includes travelling to the reporting point. As per CS .FTL.1 225 (b) (5) standby ceases when the crew member reports at the designated reporting point.

Operators should describe within their procedures and practices regarding standby, including reporting after the rostered standby period ends. In doing so, they take into account that the Regulation provides a number of cumulative protections to crew members from excessive periods of combined standby and duty such as :

  • Operators shall only use the rostered standby availability period to place their call for duty. ORO.FTL.105 (25) defines standby as the period of time during which a crew member is required by the operator to be available to receive an assignment for a flight.
  • The regulations state the maximum duration of standby other than airport standby is 16 hours, however an operator can state in their OM-A a shorter period considering its type of operation and the impact of the time spent on standby on the duty that may be assigned.
  • Under the obligations of ORO.FTL.110 (b & e), operators must carefully evaluate what duration of standby is safely allowable within their particular operation.
  • The combination of standby and FDP does not lead to more than 18 hours awake time .
  • The maximum FDP is reduced, if the standby period ceases after the first 6 hours (or 8 hours in case of extended FDP);
  • A crew member is always able to consider whether his/her duties on board an aircraft will be performed with the necessary level of alertness [CAT.GEN.MPA.100(c)].

Operators also have to demonstrate understanding of how fatigue could affect a crew member’s alertness and performance, how fatigue does or could occur within the working environment and the need to manage it effectively for continued safe operation.

It is also important that flight and cabin crew are actively encouraged to report fatigue related occurrences and issues relating to current and ongoing changes to the operation and operational environment. All crew members must be able to self-declare that they are fatigued and potentially unfit to fly within an open reporting and just culture principles as defined in EU 376/2014 without fear of punitive action.

CHIRP Comment

While it is clear that the time spent on standby does not always count towards the duty period, it’s important that both crew and management work together to ensure that these extended duties do not result in fatigue. In this case, the duty spanned nearly 24 hours, which is beyond what could be considered sustainable.

It is important to remember that if after a rest period and before reporting for a subsequent flight duty period, you have either not been able to achieve sufficient rest or think you could be suffering from the effects of fatigue, that you assess whether you are fit to operate the planned duty period and report as such to the company.  There is a responsibility on each cabin crew member to ensure that should they not be able to perform the duties expected of them, they report this to their operator.

CHIRP have reported previously that the UK CAA have commenced a post-BREXIT review of the assumptions within the whole UK rostering and flight time imitations/ flight duty period (FTL/FDP) regulatory set so that they can determine whether there are any areas that could be better defined, harmonised or re-evaluated now that we are no longer part of the European Union Aviation Safety Agency (EASA) regulatory regime. We look forward to the outcome of this review for clarification of many parts of the FTL Acceptable Means of Compliance (AMC) and Guidance Material (GM).

Once the stakeholder questionnaire responses have been collated, digested and recommendations have been formulated, the next step will be to consult with the wider aviation community to ensure that the views of those engaged in commercial aviation activities are taken into account.