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From page 8... ... 9 tarily disclosed."68 The Flight Safety Foundation estimates that 98 percent of the safety information obtained from voluntary disclosure programs would not have been available if participants were subject to prosecution and penalties.69 Under an ASAP MOA, neither the FAA nor the company holding the certificate may use information gathered to take disciplinary action, unless (as with ASRS) , the reported action involves criminal activity, substance abuse, controlled substances, alcohol, or intentional falsification of reports.70 Otherwise, if the ASAP report is the only source of the information with respect to the reported incident, the FAA will not take legal action.71 If an ASAP report is not the only source of information regarding an incident, the potential sanction for violation of federal aviation regulations will be reduced.72 Under ASAP, education and corrective action are intended to take the place of FAA penalties or company disciplinary measures.73 Nevertheless, the use of ASAP data to initiate retraining is sometimes considered by employees to be a punitive action, and the availability of ASAP data for use in civil and criminal proceedings is of concern to participants in ASAPs. Read the entire page →
From page 9... ... 10 the promotion of safety is the ability to learn from previous mistakes.82 This element of safety management is one of the most difficult issues confronting entities that implement SMS, as it runs counter to the need in many cultures to find fault and fix blame. Just culture can also be in opposition to general standards of tort law, where a factfinder seeks to determine the proximate cause of an injury to a party. Read the entire page →

From page 8...

... 9 tarily disclosed."68 The Flight Safety Foundation estimates that 98 percent of the safety information obtained from voluntary disclosure programs would not have been available if participants were subject to prosecution and penalties.69 Under an ASAP MOA, neither the FAA nor the company holding the certificate may use information gathered to take disciplinary action, unless (as with ASRS) , the reported action involves criminal activity, substance abuse, controlled substances, alcohol, or intentional falsification of reports.70 Otherwise, if the ASAP report is the only source of the information with respect to the reported incident, the FAA will not take legal action.71 If an ASAP report is not the only source of information regarding an incident, the potential sanction for violation of federal aviation regulations will be reduced.72 Under ASAP, education and corrective action are intended to take the place of FAA penalties or company disciplinary measures.73 Nevertheless, the use of ASAP data to initiate retraining is sometimes considered by employees to be a punitive action, and the availability of ASAP data for use in civil and criminal proceedings is of concern to participants in ASAPs.

Read the entire page →

From page 9...

... 10 the promotion of safety is the ability to learn from previous mistakes.82 This element of safety management is one of the most difficult issues confronting entities that implement SMS, as it runs counter to the need in many cultures to find fault and fix blame. Just culture can also be in opposition to general standards of tort law, where a factfinder seeks to determine the proximate cause of an injury to a party.

Read the entire page →

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