Given that JAA/EASA is going the same way as Transport Canada (see the article below), self-regulation by the airlines is a great idea and will improve overall aviation safety. Discuss.
I believe it remains to be seen, whether other jurisdictions will take the same "hands off" approach that Transport Canada has.
The public submissions on the notice of proposed rulemaking, docket FAA-2009-0671 Notice No.09-06 AC120-92 (Safety Management Systems), are all available at
Regulations.gov. Quite a few submissions were received and you can read about how companies who have implemented/are implementing feel about SMS.
On October 13th, the Union of Canadian Transportation Employees (UCTE) made a submission suggesting "there is much the US can learn from the Canadian experience."
Included was an attachment, "Implementation of the Transport Canada Aviation Safety Management System (TCASMS): What's Not Right and Why Change is Necessary". Among other evidence, the document includes comparison of TCCA's approach to that of Australia, the UK and the US, as well as to what the ICAO directs.
It concludes:
The Aviation Safety Directorate of Transport Canada is leading the world in its approach and its implementation of Aviation Safety Management Systems. The question is; is it leading the world in the right direction or the wrong direction? Is it leading aviation safety in Canada down the wrong path and to a place where the travelling public may be at risk?
The conclusions in this report are that the TCASMS goes significantly beyond the framework and recommendations of ICAO. The conclusions reached in this report are that no jurisdiction in the world appears to be copying Canada - in its application of SMS delegations to trade associations and in its roll-back of direct inspections and audits. With the ever-developing ethos of increasing regulatory oversight and re-regulation, in the public interest, one has to question whether TCASMS is completely out of synch and needs to be reined in by Canadian political decision-makers. Perhaps this needs to happen very quickly before serious accidents occur.
UCTE believes that Transport Canada needs to engage stakeholders on these issues now. UCTE believes that a consensus for change should be something that Transport Canada strives for and achieves. For its part, UCTE is recommending the following changes in TC Aviation Safety today:
• It is wrong for TC to view aviation safety as an area to save money and cut jobs. This is a core area of federal responsibility and it is in the public interest to invest in air transportation safety. There are over 130 inspector vacancies in the Aviation Safety and Security Branch. These positions should be filled immediately. An additional 50 new inspector positions should be created. Transport Canada should also change the classification and pay structure to ensure inspectors are paid fairly and that wage inequities are eliminated.
• There must be a clear and unambiguous policy of direct and unscheduled inspections and audits for all Canadian air carriers - whether SMS certified or not. Effective risk management principles would clearly suggest that non-SMS certified carriers should be the subject of regular and random audits and inspections.
• There should be no delegations to associations.
• As recommended in the Aeronautics Act revisions suggested by the Parliamentary Committee on Transport, the Minister of Transport should, in a detailed way, define the "highest level of safety" and the Inspectorate should inspect to the standard generated by this definition.
• Transport Canada should clearly follow the U.S. Federal Aviation Administration lead in clearly articulating a detailed plan and commitment that defines its service and accountability to the public and not to the airlines. This includes complete whistleblower protections and safety accountability to agencies independent of the FAA.
The document is a must read.
Read the whole document here. (Opens a .pdf)