Holy smokes Batman!!! This sucks..... I just hope it doesn't destroy the program... but it has me thinking twice next time I have to file and ASAP.

http://www.courier-journal.com/apps/.../80221004/1008

 

The info is public, but the reports are already deidentified (sp) so dont worry about anything coming back to haunt you

 

Comair sent an email to all of us stating that they were losing the battle against the court. They also said that some of the reports still have identification attached to them to keep up with the person filing them or if they have not been through the whole process. They said some of those may have identification attached to them when they are made public. I just know that I dont want to be involved in any civil suit....

 

Here's the letter:

As litigation around the accident involving Flight 5191 continues, I want to make you aware of developments
related to Aviation Safety Action Program reports, better known as ASAP reports.
Late last year, plaintiffs’ attorneys in the Comair Flight 5191 case requested that Comair make ASAP reports
available as part of ongoing litigation. We sought a protective order, stating that producing these records would
undermine this important safety program. ASAP is designed to enhance safety by providing pilots a venue to
share concerns and information without fear of identification and/or retribution. Because ASAP requires
voluntary participation from the airline and its employees, confidentiality is an integral part of the program’s
ongoing viability.
Two different judges have since ruled that Comair must comply with the plaintiffs’ request. We have
thoroughly reviewed our legal options, and while we continue to negotiate, it appears likely our only option will
be producing ASAP reports specific to categories outlined in the litigation. While these reports only represent a
small percentage of our overall total, we are very concerned their release could be severely detrimental to the
future of the program. We have partnered with the Air Transport Association, Regional Airline Association,
Southwest Pilots Association and the Air Line Pilots Association to fight this decision.
While the legal process is highly technical and the specifics are difficult to explain in one written
communication, we want you — our pilots — to know that we are unified with your union and others
throughout the aviation industry in our opposition to producing these records. In the meantime, we want you
to understand that the program is basically unchanged. The benefits of submitting reports to enhance safety
at our airline and provide protection for your license are still intact.
One of the key concerns among our pilots is whether ASAP reports are identified or de-identified. Per the
current memorandum of understanding (MOU), the Event Review Committee reviews de-identified reports.
Identified ASAP reports remain on file for occasions when it becomes necessary to contact a pilot regarding
their particular event. Until the latest court ruling, these identified reports have always remained within the
secure confines of ASAP. We will evaluate amending the language of the MOU to address this concern.
Unfortunately, this topic could continue to generate media attention. Some of our legal opponents might also try
to suggest that our failure to comply indicates that we do not have safety as our primary concern, when in fact,
the opposite is true.
We will continue to pursue every legal avenue to preserve the principles of ASAP. I understand and share your
concerns — and the concerns of the entire aviation industry — over what this decision will mean to the
program. I will continue to keep you updated on significant developments.

 

Why can't we use them for ballast?!?

This is a total witch hunt from the lawyers of the 5191 crash. They want to try and establish the Comair is full of a bunch of yahoo's and try to get more $$$$.

My heart truely goes out to all the family members impacted by this incident. But I still can't stand trial lawyers.


FWIW

 

Pretty sure that the report is de-identified as soon as the ERC reviews the report...why on earth would they need to keep identification on file AFTER they review and close the report?!?!?

You should contact your ALPA ASAP rep and ask them about this directly before you stop filling out those forms...ASAP is a wonderful program and I personally would rather protect myself with it than be afraid of an outside risk of liability exposure...that's why you pay ALPA dues after all!

 

FWIW, I know at XJT, the reports are manually de-identified by a person, often an intern. Unfortunately, it's not automatic.

 

I don't think the biggest problem is whether they are de-identified. The problem is that if this court is ultimately successful, it may lead to airlines withdrawing from their ASAP program for fear of liability.

 

ASAP info is NOT public. It is supposed to be held within the company and not for release to the public. And it is not about an individual, Pilotguy. This is about the possible destruction of one of the most innovative safety programs to evolve in some time.

Lawyers are asking for access and ComAir has granted the initial release of documents HOWEVER the lawyers want it only for the punitive award.

And yes, this will have ramifications not only within the aviation community but also in ANY community that wants to find out what is really happening.

ASAP and FOQA programs rest on a very fragile base.. one of trust and this invasion by lawyers will have a very negative impact on the future of such programs.

 

The request for data is to prove negligence on the part of the company, not the individual. The lawyers don't give a rat's *ss about you. They are going after deep pockets and unless you have some extra money (begin with multiples of $10 million), don't worry.