Africa Aviation Presentation - April 2018 (slide removed) · A specific US tort whereby a party can...
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Emergency Response Some Key Considerations from a Carrier's Perspective 18 April 2018 Craig Rooney & Elizabeth Lambert-James
Transcript of Africa Aviation Presentation - April 2018 (slide removed) · A specific US tort whereby a party can...
Emergency ResponseSome Key Considerations from a Carrier's Perspective18 April 2018
Craig Rooney & Elizabeth Lambert-James
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“2017 safest year for air travel as fatalities fall”
BBC News: 2 January 2018
No commercial passenger jet crashes anywhere in the world during 2017
10 fatal accidents and 79 deaths in 2017 against 16 fatal accidents and 303 deaths in 2016
35 of 2017 deaths were ground fatalities in cargo aircraft crash in Kyrgyzstan
Most on-board fatalities was 12 – Nature Air Cessna 208, Caravan crash in Costa Rica on New Year’s Eve
Figures taken from Airline Safety Network Report and based on incidents involving civil aircraft certified to carry at least 14 people
A Redundant Presentation?
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Airline Safety Network: based on incidents involving civil aircraft certified to carry at least 14 people
Fatal Airliner Accidents Per Year 1946-2017
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Airline Safety Network: based on incidents involving civil aircraft certified to carry at least 14 people
Airliner Accident Fatalities Per Year 1946-2017
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Airline Safety Network: based on incidents involving civil aircraft certified to carry at least 14 people
Fatal Airliner Accidents Per 1 Million Flights1977-2017
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“2017 safest year for air travel as fatalities fall”
BBC News: 2 January 2018
No commercial passenger jet crashes anywhere in the world during 2017
10 fatal accidents and 79 deaths in 2017 against 16 fatal accidents and 303 deaths in 2016
35 of 2017 deaths were ground fatalities in cargo aircraft crash in Kyrgyzstan
Most on-board fatalities was 12 – Nature Air Cessna 208, Caravan crash in Costa Rica on New Years Eve
High safety levels or good fortune?
Figures taken from Airline Safety Network Report and based on incidents involving civil aircraft certified to carry at least 14 people
A Redundant Presentation?
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Pegasus Airlines B737-800 Trabzon, 13 January 2018
US-Bangla, Bombardier Dash 8Q400 Kathmandu, 12 March 2018
Aseman Airlines ATR-72 Tehran/Yasuj, 18 February 2018
So far in 2018……
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“Those who do not learn from history are forced to repeat it”(George Santayana - American Philosopher)
Fear complacency
Learn from mistakes (your own and those of others)
Plan and prepare
How to prepare for the worst
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Some Key Issues…
Key Players
The Emergency Response Plan
Social Media: The Demise of the Golden Hour
Preservation of Evidence
Other relevant considerations
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Key Players
BROKER
INSURER
LAWYER
SURVEYOR
DISASTER MANAGEMENT COMPANY
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Prepare and practise Emergency Response Plan (“ERP”)
– Notification of broker who will advise insurers, lawyers and surveyors
– Control Centre – location/co-ordination
– Communications – internal/website/statements/media
– Activation of call centre and local information centre
– Go Team – investigation team/engineering team/welfare support team
– International disaster management company – family assistance centre/call centre
– Instruction of local correspondent lawyers
– Continuation of business
Emergency Response Plan
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Emergency Response Plan cont.
Passenger manifestSearch and rescue
Support centres
Liaison with authorities
Hospital and medical expenses
Recovery/identification/repatriationLetter of condolence
Advance payments/receipts
Funeral expenses
Preservation of wreckage and documentation
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Emergency Response Plan should include:
– Identification of spokesperson
– Pre-approved generic tweets
– Social media team
– Changes to branding
Register any domain names/URLs that third parties may try to use such as:
– Air xxx accident.com
– Air xxx flight xxxaccident.com
– Flight xxx.com
Ensure all employees are aware not to make unauthorised comments verbally or by social networks
Communications – Best practice
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Retention policies should form part of Emergency Response Plan
Need to be robust and communicated across business
Evidence in possession of third parties
Accident Investigators/Authorities will come calling
Could be relevant to legal claims
Preservation of Evidence
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Certificate of Airworthiness
Certificate of Registration
Maintenance/Technical/computer
records
Weight and balance schedule
Crew licences/medicals/ratings
Crew checks/training records
Crew hours – total type/90/30 days/
24 hrs
Load/trim sheet
Passenger/cargo manifest – passenger coupons
Weather en-route/destination actual/forecast
Airport charts and Flight PlansDetails of aircraft ownership, i.e. leases/liens etc ., and financing documents
Preservation of Evidence –A non-exhaustive list
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Legal proceedings will place disclosure obligations upon carriers
Can be onerous and invasive:
– Documents that are or have been in possession
– Documents you have a right to possession of
– Documents you have a right to inspect or take copies of
Includes emails, electronic data files
Non-contamination/creation of evidence
Preservation of Evidence: Implications for Legal Proceedings
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A specific US tort whereby a party can be penalised for failure to preserve evidence
Sanctions can be dispositive (dismissal/judgment in default) if determined destruction was in bad faith
In less egregious situations court may infer that had evidence not been destroyed it would have proven issue in favour of opposing party
Do not assume you will not be sued in US
Preservation of Evidence: Spoliation
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A specific US tort whereby a party can be penalised for failure to preserve evidence
Sanctions can be dispositive (dismissal/judgment in default) if determined destruction was in bad faith
In less egregious situations court may infer that had evidence not been destroyed it would have proven issue in favour of opposing party
Do not assume you will not be sued in US
Similar legal concepts will exist in many jurisdictions
Preservation of Evidence: Spoliation
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Senior executive involvement
Site clearance
Memorial/monument
Official investigation
Other relevant considerations
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Conclusions
Fail to prepare; prepare to fail
Keep abreast of changing times
Test robustness of procedures regularly
Do not make assumptions as to what might or might not be relevant evidence
Utilise resources/support available to you
Plan for the worst and hope/work for the best
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