Number

124

For the purposes of Aviation Occupational Safety and Health (OSH), this Policy Letter is in addition to Human Resources Development Canada (HRDC) - Labour Program, Operations Program Directive (OPD) 935-1 and is aimed at clarifying the role of the CASI-OSH following an aviation occurrence.

The second objective of this document is to ensure that air operators are in compliance with the Canada Labour Code, Part II, and its pursuant Aviation Occupational Safety and Health (A-OSH) Regulations and ultimately to prevent the recurrence of a hazardous aviation occurrence.

This policy applies to all CASI-OSH across Canada.

Aviation Occurrence - as defined in the Canadian Transportation Accident Investigation and Safety Board Act means:

1. any accident or incident associated with the operation of an aircraft; and

2. any situation or condition that the Board has reasonable grounds to believe could, if left unattended, induce an accident or incident described in paragraph (a).

As defined in the Canada Labour Code, Part II:

"employee" means a person employed by an employer.

"employer" means a person who employs one or more employees and includes an employers’ organization and any person who acts on behalf of an employer.

This is to clarify the role of the CASI-OSH in the event of an aviation occurrence involving Canadian registered aircraft crew members. This clarification becomes necessary in order to delineate the role and functions of a CASI-OSH when first becoming aware of such an occurrence within his/her region.

There are some circumstances whereby a CASI-OSH may be required to be at the scene of an aviation occurrence. The Inspector will have to make this determination based on information available and the circumstances at the time of the aviation occurrence. Should he/she decide to go to the aviation occurrence site and to conduct an investigation, he will ensure that he is accompanied by another safety officer in order to comply with OPD 935-1.

If the CASI-OSH does not go to the site he still has to gather information on the aviation occurrence for the purpose of determining whether or not there has been a contravention of the Canada Labour Code, Part II and/or the Aviation OSH Regulations. This information can be obtained from various sources such as:

1. Commercial and Business Aviation Inspectors

2. Transportation Safety Board of Canada (TSB)

3. Police having jurisdiction

4. Coroner

5. Air operator

6. Air operator employees

7. Aircraft manufacturer

8. Regional Office, HRDC - Labour Program

9. Others as required

Such inquiries for information will include, but are not restricted to, the following:

1. Jurisdiction

2. Name of air operator

3. Aircraft type and identification

4. Date of manufacture of aircraft

5. Aircraft maintenance history

6. Number of employees onboard

7. Number of crew fatalities involved

8. Number and type of crew injuries

9. Crew member training

10. Hours worked by crew members involved

11. Estimated Time of Departure (ETD)

12. Estimated Time of Arrival (ETA)

13. Weather conditions

14. Type of operation

The above information may also be included in the employer’s report made in accordance with A-OSH Regulations Section 9.4.

This information can normally be obtained from TSB investigators and early communications must be established with the TSB in order to obtain as much current and accurate information as possible. This information must include what is being done for the employees regarding Critical Incident Stress Debriefing (CISD). In this regard, the air operator is responsible for looking after its own employees.

In cases where the TSB is not responding to the aviation occurrence, the required information can be obtained from the Coroner, the Police having jurisdiction or from other responding municipal, provincial or federal government agencies. The CASI-OSH should contact the representatives of these agencies as required.

Whenever feasible and practicable, the CASI-OSH will consult with the above mentioned sources first to acquire copies of their reports. These reports should provide all the information the CASI-OSH requires. However, if necessary, he may also conduct interviews with the surviving employees and the employer.

From the information obtained, the CASI-OSH will assess the situation to determine whether or not the employer or employee(s) were in contravention of the Canada Labour Code, Part II, or its pursuant A-OSH Regulations, and initiate any required action.

Where there has been a fatality and/or serious injury, and, following a review of HRDC-Labour Program OPD 700-5, section 7.9, prosecution proceedings will be initiated.

The above information inquiry will include gathering the material necessary to prepare for a court action if deemed necessary.

Transport Canada Civil Aviation is responsible for briefing the Minister of Transport and informing HRDC-Labour Program officials on all civil aviation transportation occurrences of public interest. Therefore, immediately on becoming aware of an aviation occurrence, the CASI-OSH shall so inform Transport Canada Headquarters (AARXG) using the Preliminary Report of Hazardous Occurrence form (Lab/Trav 802).

Furthermore, the CASI-OSH shall keep AARXG and the Technical Adviser (TA)-OSH at the HRDC Region Office informed until all action with respect to the occurrence is completed.