The Way Forward

Chapter 7 emphasizes the importance of aviation organizations implementing an effective SMS, with robust hazard identification, risk assessment, and mitigation controls to address and reduce serious safety risks and emerging concerns such as runway incursions and excursions, onboard fires, and midair collisions. It discusses the legal ramifications following the AF 447 accident and explores the connection between the safety management system, hazard identification, risk assessment process, and the organizations and individuals’ assigned duties, responsibilities, and accountabilities. This highlights the legal complexities of when a risk assessment's effectiveness can transition to gross negligence and a criminal act. Comparing the legal proceedings by the U.S. Department of Justice following the Boeing 737 MAX accidents demonstrates two very different legal approaches and outcomes. It is vital for aviation professionals and organizations to understand the legal complexities and potential inconsistencies that can arise when a judge or jury assesses the effectiveness of risk assessments and mitigation controls. The chapter also discusses whether the balance between financial performance, profitability, and maintaining safety standards – through sometimes costly mitigations – as well as the shift in the courts assessing risk, can be a positive development in safeguarding the traveling public and aviation safety standards.