Comair Ruling Threatens Safety Program

Comair is weighing its legal options after a second federal judge ordered Comair to turn over safety reports and safety violations reported to the Aviation Safety Action Program (ASAP) related to four wrong-runway incidents as part of the lawsuits over Flight 5191 that crashed in Kentucky in 2006. Related...

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Comair is weighing its legal options after a second federal judge ordered Comair to turn over safety reports and safety violations reported to the Aviation Safety Action Program (ASAP) related to four wrong-runway incidents as part of the lawsuits over Flight 5191 that crashed in Kentucky in 2006. Related Story Industry opposed the release saying it would undermine ASAP which has been responsible for numerous safety initiatives. Safety experts feared it would have a chilling effect on the non-punitive, voluntary reporting if such reports could be used against them in litigation. Tens of thousands of safety reports are made each year under ASAP, a critical method for catching negative aviation safety trends.
After initially denying previous incidents during depositions, the airline reported four such incidents occurring before the crash including taking off from the wrong runway in a 2003 incident in Corpus Christi, an incursion at Blue Grass Airport where Flight 5191 crashed; lining up on the wrong runway at DFW and initial descent into the wrong airport at Knoxville. The federal judge, who said the law allows for disclosure if ordered by a judge, said disclosure would be restricted, meaning attorneys could not release them to the public. He called the documents relevant because of the earlier denials. He also said that future personal safety issues provided continued incentive for participating in the program.
In addition to Comair, briefs were filed against disclosure by Southwest Airlines, Regional Airline Association, Air Transport Association and the Air Line Pilots Association. ATA and Southwest filed motions for the judge to reconsider. ALPA pledged to lobby Congress to pass legislation ensuring the confidentiality of such reports by exempting them from discovery rules. The reports are now only releasable in certain circumstances. The groups argued that the reports were intended to remain confidential by both Congress and the FAA and voiced concern over losing the widespread use of the system should reports be releasable for lawsuits.
"ASAP (Aviation Safety Action Program) is an important safety program for Comair, and we will continue to participate in the program voluntarily because we believe it helps enhance the safety of our customers and our employees," spokeswoman Kate Marx The Lexington Leader-Herald. "We also believe that confidentiality is an integral part of ASAP."