EMB ERJ 170/175 ER/LR
Dispatch Dispatcher
Other / Unknown; Communication Breakdown
Deviation / Discrepancy - Procedural Published Material / Policy; Flight Deck / Cabin / Aircraft Event Illness / Injury; Inflight Event / Encounter Weather / Turbulence
Flight Crew Diverted; Flight Crew Landed As Precaution; General Declared Emergency; General Maintenance Action
Human Factors; Company Policy; Procedure; Weather
I received a radio call [phone patch] from one of my flights enroute. This flight was turned over to me when the Dispatcher working it had left for the night. They appeared to be about 25-30 minutes out from destination and were beginning their descent. The First Officer came on the frequency and stated there was a passenger in the back that was passed out; they were trying to get further information; they possibly wanted to divert; but in the meantime; they wanted to speak with STAT-MD. I began the process of initiating a patch to STAT-MD. I had the doctor on the line ready to speak with the crew. I began the conference call and did not hear any response from the flight. Meanwhile; another Dispatcher; sitting at the coordinator desk; received a radio call from the flight. The First Officer recounted the event and said that they intend to divert to ZZZ. The Coordinator advised them against diverting to ZZZ. By the time they would have changed course; dropped altitude to get into ZZZ; they could just as well have been at their destination. The Coordinator advised them against diverting to ZZZ due to the fact that the airport was closed; there were no operations available at this time of night on a Sunday; and therefore; we had the risk of possibly not having anyone [to be able to] contact paramedics to meet the flight. While the Coordinator was having this conversation with the crew; I was calling numerous numbers in ZZZ to see if anyone was available. No one was around on the field to assist in this situation. I sent them an ACARS message and advised them DO NOT GO TO ZZZ. CONTINUE TO DESTINATION. THERE IS NO ONE AROUND...NO OPERATIONS NO FBO NO ONE CAN ASSIST US. Immediately after I sent this message; I get a call from the Radio Operator; stating the crew contacted her and told her the passenger in the back was a 20 year old female. I asked her to please put the crew on the line. I told them that they needed to go to destination because there is absolutely no one on the field that we can reach to assist us. The First Officer came on frequency at that point and frantically said 'we are configuring the plane for landing. Call 911.' In the meantime; we managed to find a phone number to Airport Operations in ZZZ. Someone answered the phone and we explained the situation. They were able to assign a gate and get paramedics out to the aircraft to remove the passenger. After the passenger was removed; the intention was to continue on to destination. However; several events prevented this from taking place: First; the First Officer timed out. He had already extended his duty to operate this flight. Next; oxygen was used. The oxygen needed to be serviced because they were down to 900 PSI; a level that is not within limitations and acceptable for Dispatch. By the time Maintenance was able to find someone to service the oxygen; the First Officer was timed out. Also; due to the airport being closed; no vendors were available on the field to provide fuel. This required a call out to a fueler. Finally; weather at destination was quickly becoming inclement; with fog rolling in (1/4 SM FG forecasted in the conditional remarks of the TAF). Their chances of getting in with weather at or above landing minimums was quickly dwindling as time went on; even IF the First Officer had the duty [time] to continue; this further jeopardized safety of flight and created a situation of total disservice for the passengers on board. Now the aircraft is for sure stuck in ZZZ. The only air stairs available were meant for an ERJ145 and were not tall enough to safely deplane the remaining passengers. The Coordinator had been speaking with another carrier during this and they were able to provided ground services. They called out their supervisors and leads to find air stairs in order to accommodate the aircraft and deplane the remaining passengers. The passengers were bused to destination. This event happened because the Captain failed to maintain any semblance of joint authority with me (the Dispatcher). His First Officer was also way too involved in this process. The First Officer was the one calling on the radio; telling myself and the Coordinator that continuing onto destination was not acceptable. Why was the First Officer having so much input in this situation? (I.e. telling me to call 911 regarding a medical situation on an aircraft destined to another state). There was a complete loss of operation control in the situation. The crew was REPEATEDLY advised not to go to ZZZ and WHY. They completely disregarded our instructions; not only causing massive disruption to the operation; but also jeopardizing the well-being of the ill passenger (when they were told that it may be likely no one would be able to reach paramedics). Not only did this affect the ill passenger; but all the other passengers on board. They were on the aircraft for approximately two hours while personnel could be called out to the airport to assist in the situation. The Captain called up here attempting to engage me; the Dispatcher; in combative conversation by asking me questions such as 'Do you have any words of wisdom?' (inappropriate). While talking with Maintenance Control; he was placed on mute while the Controller was working out an issue. The Maintenance Controller could hear them in the background laughing at the debacle. Based on these observations and events that took place; I can deduce that these two purposely disregarded instructions and input from Dispatch in order to divert and adhere to some type of premeditated agenda with the goal of causing a dissolution of operational control and joint authority; without regard for the safety and well-being of the passengers on board. This is further evidenced by the fact that prior to this flight leaving; the First Officer had a conversation with the original Dispatcher of the flight stating that even though he accepted an extension; if he went over that extension in the air due to unforeseen circumstances; the course of action would be to divert and continue on once he was legal. The Dispatcher told him that this was NOT the case. The First Officer asked to speak to Scheduling for further clarification because he felt this wasn't a correct answer. My suggestion for preventing a recurrence of this event again is to specifically address the inappropriate behavior of these crewmembers as well as provide further training on operational control; joint authority; and CRM.
I had been on duty for a total of 9 consecutive days. With the exception of 1 scheduled full day off; I had been on duty for 20 straight days including multiple 30 hour breaks. On that day Sunday; My duty on time was 11:13; based on the Part 117 regulation; my Flight Duty Period (FDP) was 13 hours; therefore must block in by 00:13. My Captain was late off an inbound flight. We were originally scheduled to arrive at destination before 24:00; therefore only leaving a few minutes before an FDP has been reached. By the time the Captain arrived; it was approximately 35 minutes past original departure time. Therefore based on FAR block; the 30 minute extension period was out of consideration and if an extension was to be given by myself; it can only be the 2 hour extension. I noticed on the Dispatch flight release that we now have an alternate listed. I called and asked Scheduling that I need to know the FAR block time the alternate before I can consent to an extension. Scheduling mentioned that I need to be blocked in by 02:13. I called my Chief Pilot; to discuss this Part 117 issue with; as he had previously been involved with a FAR 117 help desk and has knowledge on FAR 117 operations. I got his voicemail; felt like I'm talking to a brick wall and never actually heard back from him. I then called Dispatch who said something to the effect of 'you're legal to start; legal to finish.....if ATC have you holding etc; you're legal to complete the entire flight.' I categorically refused that statement and challenged him. I said; I believe under FAR 117 'legal to start; legal to finish' doesn't exist anymore. He seemed adamant that it does. I told him under FAR 117; I need to be legal to complete FAR scheduled block time and also the time taken to go missed; land at the alternate and block in at the gate; within my FDP time; including any applicable extension time. He got into it with me and stated that it is based on flight plan wheels up to wheels down time; I categorically refused to accept and challenged him on that. In the end I said; 'I'll accept the 2 hour FDP extension based on the understanding that if I get airborne and may breach my FDP including the extension time; I will look to land and block off' I made it very clear on a recorded line that I will not risk losing my FAA license at their expense to get this flight done and I'll do whatever I feel necessary under FAR 117. I said that on that basis I accept and consent to a 2 hour FDP extension. This company; in my opinion did not train their staff appropriately regarding FAR 117. I believe the 4 hours of training they received in our Training center was bare minimal at the expense of cost cutting to tell the FAA that they've been trained. Had they have been properly trained; I would not have been told what I was that night. FAR 117 is very clear; FDP ends when the brake is set and block in occurs with no further intent to fly. My company seemed to think it was the case that once you takeoff; you are legal to fly no matter what occurs in flight. Flight Operations Management published a memo stating that if a crew member does not extend their FDP; they need to declare fatigue and/or be subject to explaining themselves to the Chief Pilot and/or Director of Operations. I got my extension in and we took off. I had the ACARS on auto update mode and the writing was on the wall when new weather was coming back that destination weather was deteriorating at a very rapid rate. Discussions were done in the cockpit where I voiced FDP concerns to my Captain; if we had to; we were prepared to divert. Suddenly thereafter the cabin crew called the cockpit and said that we may have a possible medical emergency onboard. An Emergency was declared and we subsequently landed at ZZZ. I was on duty for a total period of just shy of 18 hours. The company made an utter mess and mishandling of the situation with regards to ensuring crew rest. The company pretty much hung us out to dry at thatpoint with us having to co-ordinate with the two airport police officers on scene; along with the Airport Operations Duty Manager which the airport police were able to get a hold of; along with one other helpful individual from ground handling whom they were able to get on the scene out of hours. In my opinion to avoid embarrassment; Dispatch did not want to call another carrier to take control; and would rather we the crew do what we felt necessary to resolve the situation.
The saga of a medical diversion as related by the Dispatcher and First Officer involved. FAR 117 issues are involved.