FAA ISSUES NEW POLICY TO PROTECT AIRCRAFT MANUFACTURING EMPLOYEES
October 24, 2022
On September 7, 2022, FAA issued a final notice on a new policy aimed at protecting aircraft manufacturing employees from undue corporate influence. Specifically, the policy focuses on employees working on the agency’s behalf through the Organization Designation Authorization (“ODA”) program, and their unit members.
As background, the ODA program is the means through which FAA grants designee authority to organizations or companies based on 14 CFR Part 183 to conduct the types of FAA functions that they would normally seek from FAA, such as approving design changes for their products. Under FAA’s new policy, ODA holders are now required to monitor, report, and investigate all allegations of interference and to report the results to FAA. In addition, the policy also requires annual training of employees, audits and reviews, increased communication with FAA, and includes a provision for the issuance of civil penalties if interference occurs between superiors and their unit members. FAA also announced that it has begun taking nominations for an expert panel to review ODA holders’ safety culture and to inform future recommendations for agency action and safety procedures. FAA noted that the new policy is intended to establish a means through which aircraft manufacturing employees can speak freely with FAA certification officials at any time.
FAA’s new policy comes in response to accusations of improper influence reported during the manufacturing and production of Boeing’s 737 MAX, and several whistleblowers’ accusations that Boeing’s actions allegedly posed safety risks during the assembly process for the Boeing 737 MAX and 787 Dreamliner.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com 202-659-6622) or Drew Derco (dderco@eckertseamans.com 202-659-6665).
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