FAA ISSUES POLICY TO PROTECT EMPLOYEES CERTIFYING AIRCRAFT
March 23, 2022
On February 7, 2022, the U.S. Federal Aviation Administration (the “FAA”) released a draft notice including details on a new policy intended to protect employees that certify aircraft and other equipment so that they are shielded from undue corporate influence such as that which occurred during the Boeing 737 MAX’s certification. According to FAA, the notice is intended to supplement FAA Order 8100.15B – “Organization Designation Authorization Procedures,” available here, by providing instructions and procedures intended to prevent interference with employees during the performance of their authorized functions during the certification process and ensure that free communication between these employees and the FAA can occur.
The FAA’s new policy is its latest action aimed at remedying issues that occurred during the certification process of Boeing’s 737 MAX aircraft and mitigating the airplane-related safety issues that contributed to two 737 MAX crashes in 2018 and 2019. According to FAA, long-standing issues at Boeing related to how the 737 MAX and 787 Dreamliner were manufactured also caused several current and former employees of Boeing to come forward in recent months to blow the whistle on actions that they deemed as safety risks. Additionally, in August the FAA launched a new review into Boeing after the Boeing Aviation Safety Oversight Office determined that employees who were involved in safety inspection at Boeing and who worked on the FAA’s behalf through the ODA program were unable to openly communicate with FAA without undue interference. In response to this, the FAA decided to issue its new policy under which employees will be able to take certain steps to report acts of harassment or undue pressure from their superiors who may urge them to “cut corners” in order to speed up aircraft certifications. The new policy will also establish a “clear path for these employees to speak freely with FAA certification officials at any time.” According to the FAA’s notice, an entity’s interference with employees involved in safety and certification inspections who work on behalf of the FAA could result in suspension or termination of the ODA and/or civil penalties.
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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