Originally Posted by
Distant Voice
In recent email the MAA advised me that, "It should be noted that the validity of an ALARP argument can only be decided definitively by the courts, in the event of an accident". Do coroners and judges know that?
DV I'm assuming that this is a real question, not rhetorical. I can only speak from an industry perspective but having had many discussions on ALARP with members of the MAA, it may be helpful.
We were advised (by legal qualified officers) that in the event of an accident and consequential court action, any safety determination we had made could be expected to be investigated by the likes of the HSE or courts to establish whether the legal criteria had been met. Key to that would be questioning in court to examine whether the hazards had been eliminated or mitigated to the degree mandated by the Act. The MAA is quite right; as a matter of law its what the court determines that matters - the criterion exists for the courts to apply. The legal eagles did try to prevent our use of the ALARP term odd times in case it annoyed the courts.
EAP