ASAP MOUs.

[alouette3]

Hello Pruners,
Need some help and I thought this would be the best place to start. My company (US Part 135) has an ASAP program, as part of their SMS ,in place.However, we (pilot union) are in a constant battle to introduce the no-discipline element in a non- sole source report. According to the management, there are no airlines(Part 121 or 135) that have any such clause in their MOUs and that they are just toeing that line.Now, scuttlebutt has it that this is not true.There IS a no-discipline clause in most ASAP MOUs.So,what I need from you fine folks is this:
(1) Is either statement true? I.E. No discipline clause exists or does not and,
(2) If it does exist, would you be able to send me the relevant extract from your MOUs through the PM system of PPrune?It should have the name of the carrier and the relevant paragraph.
Thanks for your help,
Alt3

[IGh]

Your questions are answered in the FAA's AC No: 120-66B:
Aviation Safety Action Program (ASAP) (http://www.faa.gov/regulations_policies/advisory_circulars/index.cfm/go/document.information/documentID/23207)

"... The objective of the ASAP is to encourage air carrier and repair station employees to voluntarily report safety information that may be critical to identifying potential precursors to accidents. The Federal Aviation Administration (FAA) has determined that identifying these precursors is essential to further reducing the already low accident rate. Under an ASAP, safety issues are resolved through corrective action rather than through punishment or discipline...."

"... a no-discipline clause in most ASAP MOU [?] ..."

"... Events involving possible noncompliance with 14 CFR by ESA that are discovered under this program may be handled under the Voluntary Disclosure Policy, provided that ESA voluntarily reports the possible noncompliance to the FAA and that the other elements of that policy are met. (See the current version of AC 00-58, Voluntary Disclosure Reporting Program, FAA Order 2150.3A, Compliance and Enforcement Program, and Compliance/Enforcement Bulletin No. 90-6.)..."