After the Accident: Do Not Do the Things on This List
Continuing our discussion about working with investigators on an aircraft accident investigation we will discuss some of the “do not’s” that we have learned from on-scene experience. In a previous post we outlined a list of best practice “do’s” and now we turn to the other end of that list. Remember, if you are just joining us be sure to go back and start at the beginning.
Do not bring too many people to the accident scene.
Having too many people at the scene of an accident not only adds to confusion but becomes too unwieldy for the investigator in charge to manage. Additionally, submitting multiple requests for your own staff to gain party status will just make managing information even more challenging for your team.
Do not act directly (or indirectly) hostile or appear to obstruct the investigation.
A hostile or obstructionist attitude from anyone on the investigation team erodes trust and gives the appearance of hiding something. Remember, the goal of an accident investigation is to gain information to prevent a repeat occurrence. It is not to prepare for a legal defense. We have been party to investigations with people like this and it does nothing but slow and harm the process. These hostile attitudes can come in the form of accusatory or inflammatory comments, so the best thing is to stay professional and helpful.
Do not display industry logos on clothing, equipment or vehicles.
We have mentioned it in early posts, but it is worth repeating. Avoid clothing, equipment, vehicles, etc. that display company or industry logos if possible. There is always speculation around who is involved in the latest accident, so it is best to leave this to official statements rather than adding to confusion that comes from assumptions by the media or public onlookers. That said, it is not unusual for an OEM or government representatives to display their logos but as an operator it is best to avoid this.
Do not bring unauthorized personnel to a scene, and feel free to ask the investigator in charge about others if you have doubts.
Not bringing unauthorized personnel to an accident scene seems like it could go without saying but we have experienced investigations where people gained access with the help of party members even though they knew these people should not be present. Falsifying reasons or credentials to allow access to a scene can easily get party status revoked for anyone involved. It is human nature to be curious about the investigation process, but it is not a place for casual sightseeing.
Do not bring attorneys or legal staff to an accident scene.
Attorneys are not allowed to have party status and are not allowed on scene. If your organization has legal representation for tasks such as supporting witness interviews, it is best that they stay away from the scene. They should even stay in a hotel away from the investigation team. Yes, anyone can be present outside the scene’s perimeter but just because it is legal does not mean that it is a good idea. Best practice is to have them offsite and available by telephone if necessary.
While there are quite a few “red lights” throughout the investigation process, if you use common sense and approach everything from the perspective of transparency with the goal of accident prevention you will do well.
Photo Credit: José Maria Martins via Unsplash
Do not remove anything from the scene without authorization.
Do not remove anything from the scene of an accident without direct and transparent approval by the investigator in charge. Even if you believe an item has no bearing on the investigation it is not your decision to make. This restriction applies to everything and failing to adhere to this may result in your removal and even criminal charges. This happened during one of the investigations we participated in and it resulted in the removal of a party member.
Do not hold secret meetings or discussions.
In earlier posts we have had a constant theme of honesty and transparency. Because of this, secretive meetings or discussions are discouraged because they foster a feeling of favoritism or trying to hide things. There are times when the investigator in charge may need to meet privately with certain party members for legitimate reasons but in the name of transparency, other parties should be made aware that this is taking place.
Do not leave the scene without everyone else knowing.
If a party member needs to leave the scene for any reason, they should notify the investigator in charge and be clear about their intentions. When party members suddenly disappear for periods of time it can lead to feelings of mistrust. It is not unusual for the investigator in charge to send party members to retrieve information or conduct business offsite so just make sure the others are aware of what is happening.
Do not record audio or video without permission.
It is best practice to avoid any audio or video recordings without specific permission from the investigator in charge and ensuring all other party members are aware. From our experience, this have only been allowed on one investigation and they were created when everyone was present as we were documenting the disassembly of an aircraft component by the OEM on scene. Audio and video can be easily misinterpreted out of context and may also inadvertently capture private conversations.
Do not include people in photographs if possible.
Avoid including people in photographs unless completely unavoidable and if this is the case you should not include distinguishing features or faces. Many accident investigation photographs may become part of the official accident report and including people adds extra steps to protect their privacy in the event the photos are released. Photographs of victims shall not be taken without an official need and authorization. These must not be shared outside the investigation. Some officials are facing criminal charges as a result of doing this following the high profile fatal accident involving Kobe Bryant in 2020.
Do not leave digital media unsecured.
Be sure to safeguard any digital media used in the investigation. In a previous post we discussed why it is important to have a new and dedicated memory card or flash drive just for the investigation. Treat these files as confidential and do not mix them with personal or regular work files. Do not use personal cloud-based storage services to store or transmit these files. If you have large files that you need to provide to investigators, they will typically have a secure file transfer service that you should use.
Do not touch or operate electronic devices found on scene.
Finally, most modern aircraft will have numerous electronic devices ranging from avionics to personal electronic devices carried by the pilot, crew or passengers. If any of these items (cameras, phones, tablets, FDM, GPS, etc.) are found they must NOT be disturbed. Immediately notify the investigator in charge and refrain from touching or moving them. Major investigation authorities will have labs that are able to retrieve data from these devices. They will be packed and shipped following specific procedures. In some cases, a device will only have one chance for data retrieval and simply powering on or disturbing a device can prevent this.
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At VyClimb, part of our mission is to lead the aviation industry and the companies it serves to an elevated level of operational excellence to create greater stakeholder confidence. For more information or to discuss ways we may be able to help you please contact info@vyclimb.com.
