Use of, and protection of, cockpit recorders

[galaxy flyer]

Could anyone please give me some thoughts on the subject? I am writing a Ops Manual and need to address how we will use and safeguard CVR and FDR records. From a Safety Officer position, it seems easy--the are held confidential, releaseable only to investigatory authority; but there must be some considerations:

How to handle records during an internal investigation?

Are the releasable to management? In what circumstances?

GF

I did a search and can give a company email address in a PM.

[4Greens]

Could help you out in Australia but you need someone familiar with US law.

[Piltdown Man]

This is really and contractual issue relating to employer vs employee rather than an Ops. Manual one with maybe the exception of the clipping of the CVR C/B following an incident/accident. Therefore, may I suggest you speak to ALPA and obtain guidance from them. They must surely have some boiler-plate text which they could give to you. My union has a specific agreement covering their use and the basic guts are:

1. They are not for use in any disciplinary procedures. This means they will NOT be released to the management.
2. No part is attributable unless the originator identifies themselves. So if they do obtain them, they can't use them.
3. Their use is purely for the improvement of flight safety and prevention of accidents and incidents. This again means they will NOT be released to the management.
4. Crews are never quoted verbatim. So again their words can not be used against them.
5. After investigations are complete, all downloads will be erased.

As for their use by government authorities, well apart from a vote, you have little say over that.

PM

[john_tullamarine]

QAR generally not a problem. CVR/FDR gets into ICAO/Regulatory matters.

[4Greens]

New Zealand, as far as I know, is the only country that has legislation that protects voice recorders.

[IGh]

The NTSB's website, aviation section, has some words about protection --
NTSB - CVR & FDR (http://www.ntsb.gov/aviation/CVR_FDR.htm)
"... The CVR recordings are treated differently than the other factual information obtained in an accident investigation. Due to the highly sensitive nature of the verbal communications inside the cockpit, Congress has required that the Safety Board not release any part of a CVR audio recording. Because of this sensitivity, a high degree of security is provided for the CVR audio and its transcript. The content and timing of release of the written transcript are strictly regulated: under federal law, transcripts of pertinent portions of cockpit voice recordings are released at a Safety Board public hearing on the accident or, if no hearing is held, when a majority of the factual reports are made public...."
In the past, after a mishap, honest efforts to PROTECT the mishap-CVR have resulted in problems: Air carrier attempted to protect CVR from regulator (FAA), by removing both recorders immediately after mishap; company manager had then stowed both recorders in the trunk of his car. Unfortunately, at that time recorder reliability was poor, the removal of CVR resulted in lost connections; the CVR had been "bulk erased" either by a faulted circuit or otherwise; naturally the pilots were blamed for the erased recorder: So much protecting the mishap-pilots and their CVR.