SAFETY

Aviation Safety Action Partnership

A REPORTING PROGRAM FOR THE PROFESSIONAL MECHANIC

The ASAP Program is a confidential reporting system for use by certified and uncertified persons, who perform, approve, or support maintenance on FAA certificated products or component parts thereof with the goal to prevent accidents and incidents.

The heart of the ASAP Program is the Event Review Team (ERT). The members are one each from the FAA, AA M&E, and the TWU. Reports are sent to the Program Administrator who sends de-identified copies to each ERT member. Based on the information supplied in the reports and from individual ERT member investigations, the ASAP report is reviewed and considered for acceptance into the ASAP Program. For acceptance into ASAP the report must meet certain guidelines.

1) The report must be submitted as soon as possible but no later than 24 hours after the time of the event. If the report is submitted after the 24-hour period, the ERT will review all available information to determine whether the employee knew or should have known about the possible violation within the 24 hours of its occurrence.

2) The reported event must be inadvertent and must not appear to involve an intentional disregard for safety.

3) The reported event must not appear to involve criminal activity, substance abuse, controlled substances, alcohol or intentional falsification.

 

When submitting an ASAP report, be as descriptive as possible. Include how and who notified you. Many of the reports that are submitted do not give enough information. This requires the appropriate ERT member to contact the reporter for more details. It is very important that the reporter takes his time when submitting his report as all information will be reviewed and investigated to the fullest extent possible. If you feel you need assistance contact a Local 563 representative for assistance and guidance.

Reports will fall into 2 categories, sole source, where the reporter discloses a safety concern or violation known only to him, and non-sole source, where the reporter is notified by FAA notice, Company notice, or through other third party notification. Once submitted, the report is considered for acceptance. All reports are confidential. All recommendations made by the ERT are binding on all the parties.

The Program is for your benefit. Along with the TWU License Protection Program, the ASAP Program is available to our members for protection; they are tools to make your profession secure.

The GPM section 2-07 contains additional information and also contains a copy of the current ASAP form. When filing the event form, please make sure your phone number is entered, as sometimes there is a need for the union representative to contact the reporter. When completing the details of the event do not be brief, give a complete and detailed account of what occurred. If you have any questions contact the local office or your union steward.

The TWU License Protection Program was established to provide legal counsel and advice to the professional mechanic in his relationship with the various regulatory agencies that have oversight responsibilities in the airline industry. This program is provided at no cost to the employee. Legal counsel will represent the mechanic at all stages of investigation and assist the mechanic in preparing written responses, if required.

The most skilled, experienced aircraft mechanic is open to investigation by the F.A.A. at any time for a wide variety of alleged violations. Your union is prepared to defend our members to the fullest. Your union has the experienced and expertise to represent you so that your job and license are protected against unfair charges. If the FAA contacts you for any violation, contact your local union immediately. Your union is your best protection against any charge or discipline.

If you have made a mistake and inadvertently violated the FARs, the FAA may take enforcement action in the form of suspension, revocation, or civil penalties. The Aviation Safety Report (ASR) Form can be submitted in confidence, to NASA to obtain "Sanction Immunity."

If the FAA proves you committed the violation, it may go on your record, but the "sanction" such as revocation, will be avoided if you properly file this form and file it within 10 days of the incident.

Section 91.25 of the Federal Aviation Regulations prohibits the Administrator of the FAA from using reports submitted to the National Aeronautics and Space Administration under the Aviation Safety Reporting Program (or information derived there from) in any enforcement action, except information concerning accidents or criminal offenses which are wholly excluded from the program.

FAA Advisory Circular No. 00-46D

Explains that you cannot claim "Sanction Immunity" by means of an Aviation Safety Report in any of the following circumstances:

• Deliberate actions which violate the Federal Aviation Regulations
• Criminal Activity - Remember - Don't do the crime if you can't do the time!
• Aviation Accidents (an "accident," distinguished from an "incident," is defined as involving death, serious injury or substantial aircraft damage)
• FAA confirmed violations within the last five (5) years
• Actions revealing a lack of competency or qualifications to hold a license

If you think any of these exceptions may apply to you, retain an Aviation Lawyer to obtain attorney-client privileged advice before you file the form. If you are involved in criminal activity - Do NOT file the form, contact a Criminal Law Specialist. The form might be used against you if there is an accident or criminal activity. 

If you think you may have inadvertently committed any unintentional violation - FILE the ASR Form!

Recommendations:

• Download the ASR Form.
• Fill out all pages completely (use extra paper if required), attach all pages together, enclose in an envelope, seal, affix sufficient postage, and mail to:

NASA AVIATION SAFETY REPORTING SYSTEM
POST OFFICE BOX 189
MOFFETT FIELD, CALIFORNIA 94035-0189

• Make sure you fill in the Identification Strip so that NASA can return it to you, confirming receipt of your report.
• Don’t rely on the Identification Strip alone as proof of filing, submit the ASR Form to NASA by Certified Mail.
• Remember, an FAA License or Certificate Holder must prove that the ASR Form was delivered or postmarked, within ten (10) days of the incident in order to qualify for sanction immunity.