Mandatory USDOT Training Requirement (Passengers with Disabilities)
March 3, 2022
This post is to remind all of USDOT’s mandatory disability training requirements under 14 C.F.R. Part 382.
Foreign carriers that operate flights to and from the U.S. are required to train their staff to proficiency on the various requirements of Part 382, which is USDOT’s regulation on the nondiscriminatory treatment of passengers with disabilities in air travel. Staff includes, but is not limited to, pilots, flight attendants, reservation/sales (including GSAs), ticket counter personnel, gate agents, ramp and baggage handling personnel and passenger service officer personnel. Employees should be trained as appropriate to their specific employee duties. Carriers are responsible for training and ensuring that contractors provide training to their employees who deal directly with the traveling public.
All employees who interact with the U.S. traveling public should receive initial training (recommended 8 hours). Refresher training must be given at least once every three years to maintain proficiency (recommended 8 hours). Complaints Resolution Officials (“CROs”), which are a carrier’s “experts” on Part 382 compliance, must receive annual refresher training (recommended 4-6 hours) and new hires should receive training before their employment commences or shortly thereafter. Many airlines train all their employees as CROs. We therefore recommend an 8-hour training each year to meet this requirement. Carriers are also required to maintain records for three years of individual employee training, demonstrating that all persons required to receive initial and refresher training have done so. Training records must be available for DOT review upon DOT’s request.
We handle this training on an annual basis for several clients and would be happy to assist if needed. We typically either conduct a full 8-hour day, or two 4-hour sessions over two days and can conduct the training in person or virtually. Importantly, any failure to conduct the required trainings (and keep records) would be a violation of Part 382 and would subject the carrier to significant risk of a penalty from DOT. Conversely, proof of annual training can aid in mitigating or eliminating a DOT enforcement action. As an FYI, Part 382 penalties are typically in the several hundred-thousand-dollar range, depending on the type of violation.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com 202-659-6622) or Drew Derco (dderco@eckertseamans.com 202-659-6665).
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