I started out writing this article for small operators: the Part 135 air taxis; the Part 125 operators that carry cargo for a few companies or passengers for several sports teams; and the small repair stations—whether certified or not—that provide maintenance for certificate holders large and small. I meet many of these operators on my travels, and most don’t have the time or staff to keep up with all the changes that go on at FAA headquarters. Many seem to want to talk after they’ve gotten a visit or a letter from an FAA inspector—or worse, a legal notice from an FAA attorney—and are concerned that enforcement action is going to ruin them. The cost of hiring their own attorney to fight charges—even when they are sure they have done nothing wrong—can be a huge expense. But you really can’t go it alone when it comes to legal enforcement. If you’re facing legal sanctions you must have an attorney, preferably one with specific experience fighting the FAA.
But what many of the operators I speak with are not aware of is that they can take steps to insulate themselves from enforcement action and make their operations safer and likely more time and cost effective. Sound too good to be true? Not if you understand the FAA’s compliance philosophy and, among other things, tap the knowledge of your employees to find the problems in your operation and take steps to correct them. The FAA's Aviation Safety Action Program (ASAP) is the best way to get voluntary employee participation in reporting safety issues. While its protections don’t apply to every case—most notably intentional or criminal acts—its purpose is to encourage employees voluntarily to report “safety information that may be critical to identifying potential precursors to accidents.” It encourages employees to share information by protecting them from FAA enforcement action and company disciplinary action. (It’s important to keep feeding safety information to NASA through the Aviation Safety Reporting System—known to many as “NASA immunity”—but the benefits to individuals are less than through ASAP. NASA immunity prevents the FAA from imposing a sanction in certain cases but you still end up with a violation on your record.)
With more than 40 years experience in the aviation industry, The Honorable John Goglia, was the first and only Airframe and Powerplant mechanic to receive a presidential appointment to the National Transportation Safety Board (NTSB). He served from August 1995 to June 2004.
As a Board Member, Mr. Goglia distinguished himself in numerous areas of transportation safety. In particular, he was instrumental in raising awareness of airport safety issues, including the importance of airport crash fire and rescue operations and the dangers of wildlife at airports. He played a key role in focusing international attention on the increasing significance of aircraft maintenance in aviation accidents. He pressed, successfully, for greater integration of civilian and military safety information, becoming a featured speaker at national aviation symposiums attended by military leaders and major defense contractors. He is a leading proponent of airplane child safety seats.
Prior to becoming a Board Member, Mr. Goglia held numerous positions in the airline industry. He started as a mechanic for United Airlines and eventually joined Allegheny, which became USAir. Additionally, he was involved for more than 20 years as a union flight safety representative on accident investigation teams. There, he developed a safety program for his union, the International Association of Machinists, and was its representative for NTSB investigations. For twelve years, he operated his own aircraft service company.
Numerous prestigious groups have recognized Mr. Goglia’s contributions to aviation safety. Aviation Week & Space Technology awarded him a coveted 2004 Laurel for his outstanding service as an NTSB Board member. The Society of Automotive Engineers presented him with the Aerospace Chair Award for outstanding leadership in 2003 and the Marvin Whitlock Award for outstanding management accomplishment in 2002.
