OSHA found no 'mechanical deficiencies' in tug used in fatal airport crash, records show

A federal workplace safety investigation did not identify any "mechanical deficiencies" in the ground service vehicle used by an American Airlines employee during a fatal crash at Austin's airport last spring, records obtained by the American-Statesman show.

The findings by Occupational Safety and Health Administration investigators do not substantiate what Austin police were told. Last year, airline staff told police the 14-ton ground service vehicle — sometimes referred to as a pushback or tug — had "several mechanical issues" prior to the collision, including brake issues that led to a guardrail collision 10 days before the fatal April 20 crash, according to a police report obtained by the Statesman.

Whether the reported mechanical issues contributed to the crash was unclear. Austin police ruled the death of the American Airlines employee, Michal Ingraham, 37, as accidental before handing off their findings to the OSHA. The Fort Worth-based airline and Menzies Aviation, a U.K.-based ground-handling company operating at the city-owned airport, were the subjects of the OSHA investigation.

Last fall, at the conclusion of its investigation, OSHA announced it would not fine or take civil action against either company. At the time, a Department of Labor spokesperson did not answer questions about the investigation or its findings.

OSHA's findings could factor into ongoing civil litigation against American Airlines by Ingraham's father, David Ingraham. In a Travis County state District Court, the Washington resident is asking for a jury trial, compensation for medical expenses, funeral and burial costs and $1 million in monetary relief. His Houston-based attorney, Noah Wexler, was unavailable for comment this week.

American Airlines did not respond to an inquiry this week about OSHA's findings. A spokesperson for Menzies Aviation did not answer questions about the findings.

The Statesman obtained more than 280 documents pertaining to OSHA's investigation through a Freedom of Information Act request. The release represents just a portion of the total investigatory file; OSHA withheld nearly 1,200 documents, citing exceptions for attorney-client privilege, privacy of third parties and confidential or trade secret information.

The released documents — which include copies of email correspondence, reports and photos of the pushback — shed light on the first of two on-duty deaths at Austin-Bergstrom International Airport last year. The deaths, both of which police said were accidental, have given rise to broader concerns about operational safety at the airport.

OSHA investigation finds no violations by American Airlines, Menzies Aviation

Menzies Aviation was responsible for the upkeep of the pushback. The ground service company provided maintenance records to OSHA for review, the records show.

Interviews and a post-incident inspection did not identify issues in the pushback that would have led to the April 20 crash, according to an OSHA inspection report. "During the review, no maintenance deficiencies were observed or found that could substantiate a violation," the inspection report states.

OSHA did not find violations by American Airlines, the records show. "The workplace inspection found that no alleged violation(s) of safety and health standards had occurred related to the incident, and therefore, no citation or proposed penalties were issued to American Airlines Group Inc.," said Monica Muñoz, the area director for OSHA's Austin office, in an Oct. 20 letter to the airline.

American Airlines handled maintenance of the pushback prior to Feb. 1, 2022. In an Oct. 6 email to an OSHA official, an attorney representing the airline said the pushback at issue was taken out of service in July 2021 after an "allegation by an unidentified source" that the pushback was "lunging" while in use.

"In other words, while someone may have reported a subjective belief that the equipment was lunging, there is no evidence that the allegation had any merit," wrote Frank D. Davis, a Dallas-based attorney representing American Airlines, in the email. The pushback was put back into use after it was serviced.

Inspection photos taken by OSHA investigators show the state of the pushback after the crash. The photos show a mangled steering wheel resting in the driver seat. Other photos show how the investigators removed the large wheels to inspect its brakes.

The records obtained by the Statesman do not contain references to an American Airlines corporate investigator who spoke with Austin police during his own investigation of the death. The corporate investigator, Lynn Fast, suggested to police that Ingraham's death might have been intentional, according to the police report. Police rebuffed that theory.

Juan J. Rodríguez, a Department of Labor spokesperson, declined to answer questions from the Statesman about the findings, deferring to the records obtained by the newspaper. "We cannot comment beyond the (Freedom of Information Act) case that was shared," he said in an email.

OSHA investigation of second airport fatality ongoing

A second on-duty death at the Austin airport — this time of a city Aviation Department employee — occurred last fall.

On Oct. 31, a fuel storage vehicle fatally struck Michael Wills, 68. The circumstances of the crash are unclear. In November, police stated the death was an accident. The Statesman's open records request seeking a copy of the police report remains pending.

The police investigation could be informing an ongoing investigation by OSHA. A lawsuit seeking damages is pending.

In December, two of Wills' adult children filed a lawsuit against Menzies Aviation and a person they identified as the driver. The tanker hitched to the truck had the Menzies logo on the side, according to photos of the crash obtained by the Statesman.

This article originally appeared on Austin American-Statesman: OSHA: No 'mechanical deficiencies' in tug used in fatal airport crash