Narrative:

I just did my first flight with lavatory O2 inoperative. We took a 53 minute gate delay before an acceptable solution was found to safely operate the flight. The flight ops bulletin and flight attendant hot topic boards sheets address passengers stuck in the lavatory during a rapid decompression/emergency descent event (rd/ed); and basically the passengers are left without supplemental oxygen until the event is over and we make an announcement that oxygen use is no longer needed. Only then; do flight attendants check lavatories for people stuck in there.flight crew safety is not addressed. When I got the flight plan it advised the lav O2 removal accomplished. I then contacted dispatch and maintenance control to put in a refusal for the aircraft. I refused the jet for the inability to provide oxygen for flight crewmembers in the lavatory in case of rd/ed. I was unwilling to risk the possibility of oxygen starvation; falling injury after loss of consciousness; brain damage; and the bureaucratic nightmare that would surely occur after reporting a loss of consciousness on my next FAA medical application form. Especially taking into account the recent metal fatigue and pressurization events experienced on 757s recently.a management person came down to tell me that all other airplanes were modified too. He attempted to educate me that tsa and FAA had mandated the removal; etc.; but nothing he said really addressed my concerns. I offered to take the jet if enough fuel was added to allow descent to a safe altitude for the one or two times we would need to use the lavatory. He left to coordinate that with dispatch. I then contacted the duty manager because I was unsure what to tell the passengers. The company provided absolutely zero guidance on what to tell them. I suspected they didn't want us telling the people there was no oxygen in the lavatories. I wasn't comfortable with this and felt I had a moral obligation to advise everyone to limit their time in the lavatory and get out immediately if they felt their ears popping. I eventually got called by a manager who told me that flight attendants are to use a walk-around bottle to check the lavatories; and the impression I got from him was that they were supposed to do this during a rd/ed event. He was clearly trying to find some solution that would keep me from adding fuel and doing potty descents. I said I would talk to my crew and see if we could come up with something. He left it up to me what to tell the people; but suggested I not get into too much detail. After hanging up I found that the manager's view of things was completely in conflict with the flight attendants' guidance. A deadheading flight attendant went to their office for me and took a picture of their hot topics list. Their bulletin clearly states that lack of oxygen in lavatories does not change current procedures. It then included a bullet point 'following a decompression event; flight attendants should move promptly to check the lavatories as part of their cabin checks once the captain has advised it is safe for crewmembers to remove their oxygen masks'. Nowhere does it mention flight attendants using a walkaround bottle to check lavatories in the middle of an emergency. Their procedure is to find a seat with oxygen and wait for a cockpit announcement that it is ok to remove oxygen.since we had been at the gate for a long time without any announcement as to why; I made an announcement. Standing in the isle looking into the eyes of my passengers after fourty minutes of delay with no explanation; I felt I owed them the truth. I explained how the tsa and FAA had mandated that all airlines remove the oxygen generators from the lavatories. I also outlined the procedures that flight attendants are required to follow. I also advised people to limit their time in the lavatory to that necessary; and if they felt their ears popping to get out of the lavatory and if oxygen masks were deployed to use the nearest available one. I emphasized the low probability of something happening; but that we had to have some sort of clear plan to ensure their safety as well as ours; and that was the reason for the delay. The passengers seemed to understand and there was no dissension. During this time; dispatch had come up with a new flight plan with an additional 9.6 on the fuel. We eventually pushed and since the flight time to the east coast was only 4:37; we just did one potty descent. It only cost us six minutes and 1;500 pounds of fuel to descend down to FL190 (lowest usable fl) and then climb back up to FL370 over a period of twenty minutes. ATC was very accommodating and the descent/climb was not a big deal at all.during a final call just prior to pushback; the first officer brought up the idea of using the portable O2 bottle when we go to the lavatory. However I was uncomfortable using emergency equipment for non-emergency use without specific written authorization. I reasoned that altitude changes were well within my authority as a pilot; unlike creative use of emergency equipment without an emergency. The bottom line is that current company procedures do not address pilot incapacitation in a lavatory during a rd/ed event. I don't think any of us can justify risking our health or medical certificates after reporting loss of consciousness.

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Original NASA ASRS Text

Title: A B757-200 Captain; concerned about pilot incapacitation as a result of a rapid decompression while a flight crew member was absent the flight deck for physiological purposes; reported his refusal to accept an aircraft for dispatch with lavatory oxygen removed per rulings by the TSA and FAA. The company agreed to a dispatch plan that ameliorated the unique flight crew concerns but failed to address passenger exposure to those same risks.

Narrative: I just did my first flight with lavatory O2 inoperative. We took a 53 minute gate delay before an acceptable solution was found to safely operate the flight. The Flight Ops Bulletin and flight attendant hot topic boards sheets address passengers stuck in the lavatory during a rapid decompression/emergency descent event (RD/ED); and basically the passengers are left without supplemental oxygen until the event is over and we make an announcement that oxygen use is no longer needed. Only then; do flight attendants check lavatories for people stuck in there.Flight crew safety is not addressed. When I got the flight plan it advised the LAV O2 REMOVAL ACCOMPLISHED. I then contacted Dispatch and Maintenance Control to put in a refusal for the aircraft. I refused the jet for the inability to provide oxygen for flight crewmembers in the lavatory in case of RD/ED. I was unwilling to risk the possibility of oxygen starvation; falling injury after loss of consciousness; brain damage; and the bureaucratic nightmare that would surely occur after reporting a loss of consciousness on my next FAA medical application form. Especially taking into account the recent metal fatigue and pressurization events experienced on 757s recently.A Management person came down to tell me that all other airplanes were modified too. He attempted to educate me that TSA and FAA had mandated the removal; etc.; but nothing he said really addressed my concerns. I offered to take the jet if enough fuel was added to allow descent to a safe altitude for the one or two times we would need to use the lavatory. He left to coordinate that with dispatch. I then contacted the Duty Manager because I was unsure what to tell the passengers. The company provided absolutely zero guidance on what to tell them. I suspected they didn't want us telling the people there was no oxygen in the lavatories. I wasn't comfortable with this and felt I had a moral obligation to advise everyone to limit their time in the lavatory and get out immediately if they felt their ears popping. I eventually got called by a Manager who told me that flight attendants are to use a walk-around bottle to check the lavatories; and the impression I got from him was that they were supposed to do this during a RD/ED event. He was clearly trying to find some solution that would keep me from adding fuel and doing potty descents. I said I would talk to my crew and see if we could come up with something. He left it up to me what to tell the people; but suggested I not get into too much detail. After hanging up I found that the Manager's view of things was completely in conflict with the flight attendants' guidance. A deadheading Flight Attendant went to their office for me and took a picture of their hot topics list. Their bulletin clearly states that lack of oxygen in lavatories does not change current procedures. It then included a bullet point 'following a decompression event; flight attendants should move promptly to check the lavatories as part of their cabin checks once the Captain has advised it is safe for crewmembers to remove their oxygen masks'. Nowhere does it mention flight attendants using a walkaround bottle to check lavatories in the middle of an emergency. Their procedure is to find a seat with oxygen and wait for a cockpit announcement that it is OK to remove oxygen.Since we had been at the gate for a long time without any announcement as to why; I made an announcement. Standing in the isle looking into the eyes of my passengers after fourty minutes of delay with no explanation; I felt I owed them the truth. I explained how the TSA and FAA had mandated that all airlines remove the oxygen generators from the lavatories. I also outlined the procedures that flight attendants are required to follow. I also advised people to limit their time in the lavatory to that necessary; and if they felt their ears popping to get out of the lavatory and if oxygen masks were deployed to use the nearest available one. I emphasized the low probability of something happening; but that we had to have some sort of clear plan to ensure their safety as well as ours; and that was the reason for the delay. The passengers seemed to understand and there was no dissension. During this time; Dispatch had come up with a new flight plan with an additional 9.6 on the fuel. We eventually pushed and since the flight time to the east coast was only 4:37; we just did one potty descent. It only cost us six minutes and 1;500 LBS of fuel to descend down to FL190 (lowest usable FL) and then climb back up to FL370 over a period of twenty minutes. ATC was very accommodating and the descent/climb was not a big deal at all.During a final call just prior to pushback; the First officer brought up the idea of using the portable O2 bottle when we go to the lavatory. However I was uncomfortable using emergency equipment for non-emergency use without specific written authorization. I reasoned that altitude changes were well within my authority as a pilot; unlike creative use of emergency equipment without an emergency. The bottom line is that current company procedures do not address pilot incapacitation in a lavatory during a RD/ED event. I don't think any of us can justify risking our health or medical certificates after reporting loss of consciousness.

Data retrieved from NASA's ASRS site as of April 2012 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.