Voluntary Disclosure Programme in Jeopardy

Lawyers in the US who are suing Comair for damages associated with the crash of Comair 5191 in August 2006 have persuaded the court to allow them to use reports from the airline’s voluntary reporting system as part of their case. ALPA-I, the Federal Aviation Administration and the Flight Safety Foundation have opposed the court decision.

The Comair programme, called ASAP in the US, is funded by the airline, and involves airline management, employees and the Federal Aviation Administration cooperating to review reports and recommend corrective safety action.

Such proactive programmes are widely believed to represent some of the best opportunities to continuously improve the safety and efficiency of the air transport system. Because the maintenance of such programmes relies upon individuals and organisations to be honest, open and forthcoming, there has always been a concern that inappropriate use of their output could adversely affect participants’ willingness to continue.

The International Civil Aviation Organisation has recognised this problem and responded with guidance for States in how to best encourage such programmes.

The protection of safety information from inappropriate use is essential to ensure its continued availability, as the use of safety information for other than safety-related purposes may inhibit the future availability of such information, with an adverse effect on safety. This fact was recognised by the 35th Assembly of ICAO, which noted that existing national laws and regulations in many States may not adequately address the manner in which safety information is protected from inappropriate use (ICAO Annex 13, Attachment E Paragraph 1.1).

The court’s decision in the Comair case may well cause other airlines to reconsider whether the time and expense that they devote to their respective ASAP programmes are in the best interests of their organisations. This could potentially be a significant loss to worldwide efforts to enhance aviation safety.

IFALPA has called upon all States to enact legislation that will protect such sensitive safety information from inappropriate use and be consistent with each State’s safety responsibility.