Common use of Operational Error Clause in Contracts

Operational Error. DEVIATION INVESTIGATION,REPORTING AND REVIEW BOARD Section 1. Operational error/deviation investigation, reporting and review board will be administered in accordance with FAA Order 7210.56. Section 2. In order to maintain an effective Air Traffic System, it is imperative that we identify all deficiencies within our system and take appropriate corrective actions necessary to fix any associated problems. Operational errors and deviations are reported for just that reason, so those problems (either systemic or individual) can be corrected to enhance system integrity.The identification of operational errors and deviations without fear of reprisal is an absolute requirement and is the responsibility of all of us who work within our system. Accordingly, it remains Air Traffic Policy that any employee who is aware of any occurrence that may be an operational error, deviation, or air traffic incident, immediately report the occurrence to any available supervisor, controller-in-charge (CIC) or management official. Section 3. When it is known or suspected that an employee has been involved in an operational error/deviation, the employee shall be relieved from all operational duties as promptly as operational and staffing conditions permit.This action is intended to allow employees an opportunity to review the voice recordings and prepare draft statements while the circumstances are fresh in their minds.The relief of an employee from operational duty also provides the employee the opportunity to participate in the preliminary investigation. Section 4. If the Agency determines that an operational error/deviation (OE/OD) may have occurred and any unit employee is to be interviewed by the Investigator-In-Charge (IIC) or any agent of the Agency, the Union representative or his/her designee may be present if the employee so requests. In the event of any operational error/deviation, the Principal Union Representative or his/her designee shall be notified promptly. Section 5. Initial Evaluation - Employees shall verbally provide the preliminary information, of which they have knowledge, when requested by the supervisor, controller-in-charge (CIC) or management official to make an initial determination as to whether an investigation is warranted. This phase is meant only to determine the need of an investigation and is not investigatory. Therefore, Union representation is not required at this time. Section 6. Interim Written Statement - Employees are required to make an interim written statement as soon as possible after an operational error/deviation. The employee shall be permitted to listen to relevant tape recordings available within the facility prior to making this statement. Union representation of the employee, at the election of the employee, shall be granted at this and later phases of the investigatory process. Section 7. Final Written Statement - Employees and their representatives shall be permitted to review any data utilized in the related investigation by the Agency or, if convened, the review board, prior to making a final written statement. An employee may elect to use the interim written statement for this purpose.The final written statement shall supersede any previous oral or written statements. Section 8. The employee and his/her Union representative, if the employee so elects, shall be permitted to review relevant recordings available within the facility before being interviewed by the IIC or any agent of the Agency. Section 9. The determination that an employee has been identified as the primary cause of the operational error (“Controller A”) shall be in accordance with FAA Order 7210.

Operational Error. DEVIATION INVESTIGATION,REPORTING AND REVIEW BOARD Section 1. Operational error/deviation investigation, reporting and review board will be administered in accordance with FAA Order 7210.56. Section 2. In order to maintain an effective Air Traffic System, it is imperative that we identify all deficiencies within our system and take appropriate corrective actions necessary to fix any associated problems. Operational errors and deviations are reported for just that reason, so those problems (either systemic or individual) can be corrected to enhance system integrity.The identification of operational errors and deviations without fear of reprisal is an absolute requirement and is the responsibility of all of us who work within our system. Accordingly, it remains Air Traffic Policy that any employee who is aware of any occurrence that may be an operational error, deviation, or air traffic incident, immediately report the occurrence to any available supervisor, controller-in-charge (CIC) or management official. Section 3. When it is known or suspected that an employee has been involved in an operational error/deviation, the employee shall be relieved from all operational duties as promptly as operational and staffing conditions permit.. This action is intended to allow employees an opportunity to review the voice recordings and prepare draft statements while the circumstances are fresh in their minds.The relief of an employee from operational duty also provides the employee the opportunity to participate in the preliminary investigation. Section 4. If the Agency determines that an operational error/deviation (OE/OD) may have occurred and any unit employee is to be interviewed by the Investigator-In-Charge (IIC) or any agent of the Agency, the Union representative or his/her designee may be present if the employee so requests. In the event of any operational error/deviation, the Principal Union Representative or his/her designee shall be notified promptly. Section 5. Initial Evaluation - Employees shall verbally provide the preliminary information, of which they have knowledge, when requested by the supervisor, controller-in-charge (CIC) or management official to make an initial determination as to whether an investigation is warranted. This phase is meant only to determine the need of an investigation and is not investigatory. Therefore, Union representation is not required at this time. Section 6. Interim Written Statement - Employees are required to make an interim written statement as soon as possible after an operational error/deviation. The employee shall be permitted to listen to relevant tape recordings available within the facility prior to making this statement. Union representation of the employee, at the election of the employee, shall be granted at this and later phases of the investigatory process. Section 7. Final Written Statement - Employees and their representatives shall be permitted to review any data utilized in the related investigation by the Agency or, if convened, the review board, prior to making a final written statement. An employee may elect to use the interim written statement for this purpose.The final written statement shall supersede any previous oral or written statements. Section 8. The employee and his/her Union representative, if the employee so elects, shall be permitted to review relevant recordings available within the facility before being interviewed by the IIC or any agent of the Agency. Section 9. The determination that an employee has been identified as the primary cause of the operational error (“Controller A”) shall be in accordance with FAA Order 7210.