Airline Management Liability For Pilot Error Accidents

The book "Megatrends," introduced the concept of predicting the trends of the future by measuring public interest in the major topics of today. This predictive methodology works very well and has been well accepted, a conclusion I make based on the popularity of this book and subsequent writings based on the same premise. With this thought in mind, public concern over airline accidents caused by pilot error, will demand corrective action in the near future.

In recent years we have seen where improper acts by management have resulted in criminal charges, fines, jail terms and large civil liabilities from several EPA and OSHA cases. While these have been for improperly managing toxic materials and employment hazards, the same can apply to other areas of management. A few months ago in Florida, some maintenance managers of Eastern Airline were charged with criminal actions, as a result of their management acts and policies while maintaining Part 121 type aircraft. Is there a potential for such charges against airline management when we can firmly connect their labor policies with an accident caused by crew stress?

According to airline management and the Federal Aviation Administration (FAA), teaching Cockpit Resource Management (CRM) as a means of reducing airline accidents, will solve this problem. However, I feel that before we will see any such accident reduction, we need to modify the present attitude toward the management of cockpit resources. Using the Megatrend theory, I feel the level of rhetoric on this subject is too quiet within the legal community. I am convinced that we need better Management of Cockpit Resources before Cockpit Resource Management will be effective.

CRM is a widely discussed and popular concept. One can read about this subject in aviation journals and learn how airlines and fleet operators are incorporating CRM programs into their training courses. CRM is not just an idle fancy of a unique segment of the aviation community, it has also been firmly embraced by government regulators. The Federal Aviation Administration (FAA).

The concept of CRM is not new as the importance of crew bonding was taught to pilots of World War II. The "fixed crew" concept was strived for in the operations of large, multi-crew aircraft from the beginning of training, when a "crew unit" was formed, through combat mission flying. Great effort was made to maintain the "crew unit integrity." The term CRM was not in use at that time, but the concept of forming team member relationships was the same.

Research conducted fifty years ago placed great emphasis on the study of the multi-person crew, and the interpersonal relationships that were created among crew members. For anyone researching small group dynamics, much data exists in what were once classified files.

Hundreds of studies were made and provide a good starting point for understanding CRM. However, a review of current literature on CRM programs seems to overlook an important factor that has great influence on the success of any CRM program. That factor is, "What effect does the employment policies of airlines have on the philosophy of flight crew members?"

Individual flight crew member philosophy is a major factor in the ability of each crew member to accept the CRM concept and to work as a team player. Based on some of the actions taken by airline management, I question the benefits of CRM training among hostile crew members.

One does not have to be a student of psychology to understand the concept of the multitude of factors that influences our actions on a day to day basis. One such factor is a stress. Articles on personal stress are numerous in technical publications of almost every profession. Similar articles also appear within newspapers of most major cities such that public awareness of the adverse effects of stress is increasing all the time.

We also read that stress has "triggered another legacy: revenge. A growing number of employees are retaliating for past or perceived wrongs. They are taking it out on colleagues, bosses or their companies in general." In one article which discusses stress related revenge, it is quite clear that in the opinion of many this is common; it is even "normal . . . people (will) look to extract revenge when they believe they have been slighted."