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Air traffic controller'responsibility
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Since 1929, there have been people sitting in towers and dark radar rooms being the voice of regulation and controlling aircraft, these men and women are known as Air Traffic Controllers. Air Traffic Controllers hold much weight on their shoulders when they are “plugged in”; having thousands of lives under your control can bring this weight upon a controller. But what happens when an Air Traffic Controller accidently or negligently gives wrong instructions to an aircraft and there is a loss of life or structural damage? Who is responsible? In this paper I will discuss the legality that Air Traffic Controllers have looming over their heads while controlling aircraft. After discussing the legal bindings that Air Traffic Controllers have with …show more content…
These three sub priorities are set in stone for how and when an air traffic controller must control aircraft. Paragraph 2-1-2 of the J.O 7110.65V states the duty priority of a controller by their main objective and other obligations; an air traffic controller’s duty priority is to “Give first priority to separating aircraft and issuing safety alerts as required in this order. Good judgment must be used in prioritizing all other provisions of this order based on the requirements of the situation at hand.” This paragraph of the J.O 7110.65V can give insight to many legal debates for when an air traffic controller is under scrutiny for an incident or accident of an aircraft. Duty priority is mainly important due to the fact that by taking an incident or accident the judge or counsel can see if the controller was acting under prescribed duty priority and if the controller had a higher priority at hand. The next sub priority of a controller is procedural preference. Explained in paragraph 2-1-3 of the 7110.65V the procedural preference of a controller is to one, use automation in preference to non-automation, two, use radar separation in preference to non-radar separation and three, to use non-radar separation in preference to radar separation when a operational advantage is to be gained. Procedural …show more content…
Many cases are brought upon air traffic controllers from pilots, airlines, and unions in order to find fewer faults in their own and to put fault somewhere else and who better to put fault on than someone with the title of “controller”? Out of all the cases that controllers have been a part of, there are three that stand out in giving a well-rounded idea of the liability that controllers may or may not have had while being “plugged
The appeal was heard in The NSW Supreme Court, Court of Appeal. The appellant appealed the issue of “blameless accidents” therefore providing new evidence, with the view that the preceding judge made an error recognising the content and scope of duty of care. He also noted the breach of duty of care and causation .
...being held accountable, the city officials themselves were also held accountable because of improper safety regulations. Showing that the city itself should be at fault for not enforcing safety regulations for such things as fire escapes, that were not in working order. These unprecedented circumstances just lay down the blueprint for what is now the correct way to set regulations for industrial factory conditions.
The refinement of this definition has significant legal implications, as it broadens the scope of those who can sue within blameless accidents. Prior to this, such victims would also face being labelled with “fault”. Supporting the findings of Axiak, by establishing non-tortious conduct as separate from “fault”, similar, future cases are more likely to proceed despite the plaintiff’s contributory
The engineer breached the duty of care through failing his/her duty to warn by providing insufficient warning on the limitation of the application. His/her software application caused the structural firm to designed a defective bridge and was the direct cause of many deaths. The junior engineer should be held liable for his/her product due to the principle known as product liability. This is evident in the case study because deaths and injuries due to defective product as a result of the software were foreseeable. Looking at the 1971 case of Lambert v. Lastoplex Chemicals Co. Limited et al., the manufacturers must not only instruct the user how to properly use the products but also warn the user the consequences of misuse []. This precedent case proves that the engineer failed to warn the structural firm of the limitation of the application as well as failed to warn the consequences of using the application beyond its capabilities. However, the information technology firm may be held vicariously liable for the mistake of the junior engineer as he/she developed the software application during his/her employment. The reason being the employer generally has deeper pocket than the employee [] and the collapse was a result of the junior engineer developing the application under the authority of the employer. Thus, the junior engineer is one of the tortfeasor to which the information firm maybe vicariously liable for his/her
Provided procedural safeguards which judicial officers hade to follow in considering potential dangerousness or flight
The author felt that Boeing is plagued by bad company norms. Previous CEOs were people with low ethical sensitivity who had not been leading by example. Stonecipher committed an ethical lapse by having a relationship with an employee while Philip and Stonecipher travelled in luxurious business jet with personal handlers. Subconsciously, they were conveying a message across the company: Boeing tolerates ethical lapse; power and privileges are entitlements for higher ranking staff. McNerney agrees that bureaucracy has given higher ranking staff too much autonomy such that breaching ethical codes can be overlooked since little or none in the company can penalize them.
While the law and medicine present unique challenges to health care organizations, managers must ensure they understand and communicate applicable laws and policies to their employees. In addition, they must also be informed of whether their state employs a contributory or comparative negligence common-law doctrine and whether or not a party who negligently harms another is deemed responsible when the injured party himself played a part in his or her own injury (Showalter, 2011). Finally, although the nurse in this case committed the wrong doing, the hospital was also held liable for her actions, therefore, it is critical that organizations fully comprehend the nature of existing relationships and how those relationships, when formed, create responsibilities that if not fulfilled correctly, can trigger a wave of unwanted legal actions.
Air Crash Investigations: Cockpit Failure (S10E01). (2014, March 5). Retrieved May 19, 2014, from Youtube: http://www.youtube.com/watch?v=s1FG8gOKMoo
Since the probe, General Motors had created a new post that is charged with responsibility for vehicle safety (Muller, 2013). General Motors terminated sixteen people for their role in not repairing the faulty ignition switch. The mindset throughout General Motors was to retain the bad news and keep it apart from senior supervisors. This was undeviatingly contributed to no effort being taken to remedy the faulty switch. Because of this, General Motors is directly accountable for the graves of 13
... problem are under constant development and analysis, in a hope to avoid these situations. The civilian industry continues to lead in development due to commercialization, with the military not far behind. The only real deficiency in CRM program development seems to be the area of general aviation as described earlier. Until this problem is addressed, there will still be a glaring weakness in the general area of aviation safety. However, with the rate of technology increase and cheaper methods of instruction, we should begin to see this problem addressed in the near future. Until then, aviation will rely on civil commercial aviation the military to continue research and program development for the years to come, hopefully resulting in an increasingly safe method of travel and recreation.
Further investigations revealed that Foxconn had been guilty of unsafe and unfair working environments long before the incidents, which included the employment of extended working hours, discrimination, and military management techniques (Xu & Li, 2013). Due to Foxconn’s sole focus on maintaining businesses relationships by fulfilling Apple’s demand of technical products, their subsequent mistreatment of employees was exacerbated and generated 80-100 hours of forced overtime (Xu & Li, 2013). However, in an attempt to combat the negative publicity, each firm denied responsibility to the incidents, which ultimately added fuel to the media fire (Xu & Li, 2013). Since then, each firm has enacted superior regulations designed to maintain efficiency while recognizing limitations on labor hours and increased spending on compliance audits (Chandler & Werther, 2014). Yet, as Foxconn continues to sustain their global leadership and Apple’s profits remain unaffected, the disadvantages associated with the incidents at Foxconn have not transcended the outcomes. From a profit standpoint, the increase in spending and subsequent alterations of labor methods serve as the biggest disadvantage to each company’s
Also, the tort victim is usually sufficiently compensated through insurance rather than if they claimed against the employee as the master has the ‘deepest pocket’[2]. However, recent developments in the law on vicarious liability not only makes the employer liable for acts that are ‘directly’ connected with what they are employed to do, but it is now established that an employer may be liable for the unauthorised acts of an employee, where those acts are ‘closely connected’ with the nature of the wrongdoer’s employment. The principle of vicarious liability can also burden the operation of a business by placing a disproportionate amount of responsibility on an employer. More money needs to be spent on training, employee’s characteristics need to be assessed and higher costs will be passed on to the consumer.
As for employees, it is essential for them to work together and cooperate with one another to prevent any accidents from occurring and to not carry out any actions that may be reckless and bring harm to their fellow colleagues. They are ultimately responsible for the safety of their colleagues and themselves. Failing to do so will not only cause mishaps but it may also result in parties being convicted for breaching this act.
NET failed to recognize or react to either situation. It is imperative to understand that NET was liable for its employees but the employees, as individuals were also liable for their actions. NET lacked the system controls necessary to keep the company liability to a minimum on this issue. Usually with failures such as these, the system internal controls are this company is lacking the most. Ethical behavior among management is key to ethical behavior among employees.
decisions ATCOs take can have safety critical consequences. Ther might be extraordinary situations arising due to different weather conditions such as snow in the air/ ground or thunderstorms heavy rain etc. Also situations in which traffic is high managing can become stenuous for the controller. The planning becomes more and more complicated and no optimal decisions can make the situation even more complex.