7210.56C

8/15/02

 

5-1-1.  DEFINITIONS

a.        Operational Error: An occurrence attributable to an element of the air traffic system in which:

(1)     Less than the applicable separation minima results between two or more aircraft, or between an aircraft and terrain or obstacles (e.g., operations below minimum vectoring altitude (MVA); equipment / personnel on runways), as required by FAA Order 7110.65 or other national directive; or

(2)     An aircraft lands or departs on a runway closed to aircraft operations after receiving air traffic authorization.

(3)     An aircraft lands or departs on a runway closed to aircraft operations, at an uncontrolled airport and it was determined that a NOTAM regarding the runway closure was not issued to the pilot as required.

b.        Operational Deviation: An occurrence attributable to an element of the air traffic system in which applicable separation minima as referenced in paragraph 5-1-1a, Operational Error was maintained, but:

(1)     Less than the applicable separation minima existed between an aircraft and adjacent airspace without prior approval; or

(2)     An aircraft penetrated airspace that was delegated to another position of operation or another facility without prior coordination and approval; or

(3)     An aircraft penetrated airspace that was delegated to another position of operation or another facility at an altitude or route contrary to the altitude or route requested and approved in direct coordination or as specified in a letter of agreement (LOA), pre-coordination, or internal procedure; or

(4)     An aircraft is either positioned and/or routed contrary to that which was coordinated individually or; as specified in a LOA/directive between positions of operation in either the same or a different facility; or

NOTE:
This does not apply to inter/intra-facility traffic management initiatives.

(5)     An aircraft, vehicle, equipment, or personnel encroached upon a landing area that was delegated to another position of operation without prior coordination and approval.

c.        Technical Violation: Operational errors that are classified as low severity and all operational deviations.  Operational errors that cannot be reviewed by radar data or a playback tool will be initially classified as a low severity, if all indications are that at least 80% separation minima was maintained.  See Chapter 6, Severity Index.

d.        Operational Duties: Duties that require an employee to issue or relay an ATC clearance or instruction; make a control decision that will affect coordination; perform a strip marking function or update computer generated information that may be used by an AT controller to make a control decision; or supervise these duties.

e.        Operational Error/Operational Deviation Steering Committee: As established by Memorandum of Understanding (MOU) to address national quality assurance issues contained within this order and other matters including, but not limited to, trend analysis, program effectiveness, compliance, and ongoing positive efforts.  The committee meets as necessary to review and address quality assurance matters. The steering committee is comprised of two representatives from NATCA and two representatives from AAT-20.

f.         Controlled Event: An operational error where the AT employee was aware of the impending conflict and takes corrective action to increase the separation.

g.             Uncontrolled Event: An operational error where the AT employee was unaware of the conflict, takes no corrective action and/or became aware of the conflict but did not have enough time to effectively mitigate the loss of separation.

h.             Severity Index: A method to determine the gravity, or degree that the separation standard was violated, for operational errors that occur in-flight.

i.               OE Causal Factors: The Air Traffic Evaluations and Investigations Staff, AAT-20, in coordination with the Office of Aerospace Medicine’s Human Resources Research Division, AAM-500, analyzes, FAA Form 7210-3, Final Operational Error/Deviation Reports to compile statistics and determine trends regarding the causal factors for OE/D’s.

Based on that analytical information and as a quality assurance initiative to further reduce the potential for OE/D’s system-wide, AAT-20 has identified certain checklist items that, when rated as problematic during evaluations, indicate that the facility’s potential for experiencing an OE/D is increased.

5-1-2.  SUSPECTED EVENT

a.     In order to maintain an effective Air Traffic System, it is imperative that we identify all deficiencies within our system and take appropriate corrective actions necessary to fix any associated problems.  Operational errors and deviations are reported for just that reason, so those problems (either systemic or individual) can be corrected to enhance system integrity. The identification of operational errors and deviations without fear of reprisal is an absolute requirement and is the responsibility of all of us who work within our system.

b.            Accordingly, it remains Air Traffic Policy that any employee who is aware of any occurrence that may be an operational error, deviation, or air traffic incident (as defined in paragraph 4-1-1, Definitions), immediately report the occurrence to any available supervisor, controller-in-charge (CIC) or management official.

c.            Employees’ shall verbally provide the preliminary information, of which they have knowledge, when requested by the supervisor, controller-in-charge (CIC) or management official to make an initial determination as to whether an investigation is warranted.  This phase is meant only to determine the need of an investigation and is not investigatory.  Therefore, Union representation is not required at this time.

5-1-3.  INITIAL INVESTIGATIONS

The initial investigation is intended to be fact finding in nature.  It has been designed to determine what occurred in the system, to ensure corrective action is initiated to maintain system integrity, and to report significant events to higher levels of management.

NOTE:
There are occasions when it is appropriate for higher levels of management to require further review of a suspected incident, and this further review may result in the discovery of an incident not previously identified.

The operations supervisor or the controller-in-charge when a supervisor is not available, with ATM concurrence, shall determine the validity of suspected OE/OD's and, if valid, shall ensure the following is accomplished:

NOTE:
Other facility personnel shall assist the operations supervisor and/or controller-in-charge in gathering data to conduct the initial investigation, whenever feasible.

a.     When information indicates that an OE/OD may have occurred in another facility, promptly advise that facility's operational supervisor-in-charge.

b.        Provide relief to any employee who appears to be involved in the incident from all operational duties as promptly as operational and staffing conditions permit. This action is intended to allow employees’ an opportunity to review the voice recordings and prepare draft statements while the circumstances are fresh in their minds.  The relief of an employee from operational duty also provides the employee the opportunity to participate in the preliminary investigation.  Initial written statements should be completed prior to initial AAT-200 notification.

NOTE:
It may be necessary for involved employees’ participating in suspected OE/OD investigations to remain in the facility beyond their scheduled shift in order to complete their statement, be interviewed, and participate in the initial investigation.

c.        Gather flight progress strips, weather data, and other pertinent information. If another facility is involved, that facility shall provide the reporting facility's supervisor with all the pertinent data necessary for the timely completion of the preliminary report.

d.        Review voice recordings; denote the difference in the system times and, as soon as feasible; prepare a cassette re-recording from the original to be used as a working tape.

e.        Review available radar data; denote the difference in the system times, e.g., National Track Analysis Program (NTAP), or Continuous Data Recording (CDR) data, etc.  See Appendix 1, Radar Data Processing.

f.         Review appropriate computer data and denote the difference in the system times;

(1)     Data Analysis Reduction Tool (DART).

(2)     Airport Movement Area Safety System (AMASS).

(3)     Tower Data Link Services (TDLS).

(4)     Pre-departure Clearance (PDC).

(5)     User Request Evaluation Tool (URET).

(6)     Core Capability Limited Deployment (CCLD).

(7)     Controller Pilot Data Link Communications (CPDLC) messages.

(8)     Operational and Supportability Improvement System (OASIS) or Model 1.

EXAMPLE-
DART printouts will indicate a chronological sequence of textual CPDLC transactions. Individual CPDLC messages are stored in the Data Link Applications Processor (DLAP) temporary file as a binary encoded message and can be printed out in a text format for review.

NOTE:
Most of these new systems retain data on their individual hard drives, which are automatically deleted after 15 days. It is the ATM’s responsibility to advise Airways Facilities, in a timely manner, so they may extract this data onto a storable/retainable electronic media. The pertinent data shall then be retained with the required incident file.

g.       Conduct preliminary interviews with involved employees’.  Efforts should be made to complete these interview(s) prior to the initial AAT-200 notification.

h.       Notify the ATM of the OE/OD.

i.         Ensure that FAA Form 7210-2, Preliminary Operational Error/Deviation Investigation, is completed.

NOTE:
When writing the summary, be as clear and concise as possible using who, what, when, where, and how, to describe the entire events. Instructions for completing FAA Form 7210-2 are contained in Appendix 2 and shall include pertinent actions of the pilot(s) and air traffic control leading up to the event and any subsequent action.

j.         Notify AAT-200 and the ATD through ROC/WOC by telephone within 3 hours from the time the occurrence is first reported or suspected with the following information/data:

NOTE:
The intent of the time limit is not to preclude a continuation of the preliminary investigation.  However, it is intended to ensure that AAT-200 is aware of reported or suspected events within 3 hours of occurrence. If you are unable to meet the 3-hour requirement an extension shall be requested from AAT-200.

(1)     A completed FAA Form 7210-2.

(2)     En-route; a reduced copy of the NTAP with LST 5 text data shall be faxed to AAT-200.

(3)     Terminal; a copy of the CDR plot with the associated separation data shall be faxed to AAT-200.

NOTE:
Once AAT-200 receives this official report of the OE, the AAT-200 specialist will issue a preliminary severity classification in accordance with Chapter 6, Severity Index for return to duty purposes.

k.       If an employee is believed to be primary or contributory:

(1)     For an operational error/deviation initially classified as low severity by AAT-200, the employee shall be returned to operational duty in accordance with paragraph 5-1-9b, Return to Operational Duty.

(a)     In cases where AAT-200 cannot complete a preliminary severity classification within one hour of official notification to AAT-200, and initial indications are that at least 80% of the separation minima was maintained, the employee shall be returned to operational duty as stated above,

(b)     In the event the classification later indicates a moderate or high severity, a controller may be required to complete skill enhancement training, if such training is appropriate.

(2)     For operational errors classified as moderate or high severity and if the employees’ overall documented performance history warrants, he/she shall not be assigned to operational duties until the provisions of paragraph 5-1-9, Return to Operational Duty, are met.

l.         If the preliminary investigation reveals that certain employees’ first believed to be primary/contributory were not, they may be returned to duty without further action.  If these employees’ have knowledge of the events, obtain their views and recommendations.

m.      If an operational supervisor, by virtue of performing supervisory duties, or a controller while performing CIC duties, is believed to be primary/contributory to a suspected OE/OD, that employee shall not be assigned supervisory/CIC duties until the provisions of paragraph 5-1-9, Return to Operational Duty, are met.

n.       When the initial investigation results in a determination of a non-occurrence, retain for 45 days, all data used in the investigation process.  For example, pilot/controller statements, record of conversations, original NTAP and CDR plot(s) in an approved electronic format, used in a determination of a non-occurrence, as well as any other pertinent data not otherwise required to be retained. Facilities that determine the event was a non-occurrence based on a printed NTAP or CDR Plot (i.e. significant target jump) shall retain both the original paper printout and an electronic copy.

5-1-4.  MULTIPLE LOSSES OF SEPARATION DURING A SINGLE EVENT

a.        During a single event where multiple losses of standard separation are reported/discovered, and are determined to be the result of employee actions or inaction, each instance of a loss of separation shall be reported individually by completing a separate FAA Form 7210-2 and FAA Form 7210-3.  Each form should describe the individual loss of separation, including a reference, if necessary for clarity, to the other related incidents.

b.        When a singular failure of a employee to ensure separation between two aircraft (or an aircraft and terrain) that subsequently creates a chain reaction of additional losses of separation between other pairs of aircraft or terrain, the multiple losses of separation shall be considered as a single event only for return to operational duty purposes, performance skill checks, and training actions/plans.  If combined, these actions and/or documentation shall be based on the higher of severity classification assigned.

c.        The individual separation losses may be combined as one event for the purposes of entries onto FAA Form 3120-1, Section VI.

5-1-5.  INVESTIGATIVE PROCESS

a.        Fact Finding. The investigation of an OE/OD must entail an in-depth inquiry into all causal factors. The following should be considered for a comprehensive investigation:

(1)     Facility procedures.

(2)     Facility training.

(3)     Facility supervision.

(4)     Equipment.

(5)     Control environment.

(6)     External factors.

(7)     Controller action vs. inaction.

(8)     Airspace configuration.

(9)     Traffic flow/volume/initiatives.

(10)   Pilot actions, including the consequence of any Traffic Alert and Collision Avoidance System (TCAS) event.

(11)   Route of flight or taxi route, as appropriate.

(12)    Weather.

(13)    Position configuration.

(14)    Coordination procedures.

(15)    Airport environment:

(a)  Runway markings.

(b)  Ramp use.

(c)  Areas of poor visibility (blind spots, fog).

(d)  Runway configuration.

(e)  Airport Congestion.

(f)      Surface Conditions (rain, ice, snow)

(16)     Human factors.

(17)    Compare the system time of any pertinent equipment.

(18)    Staffing levels and/or position assignments based on proficiency vs. complexity/volume.

(19)    Radar Data (see Appendix 1, Radar Data Processing).

b.        Interviews. Certain information, which is necessary to complete FAA Forms 7210-2 and 7210-3, must be obtained from the employees’ involved. Since many employees’ in the facility, e.g., controllers, air traffic assistants, and supervisors may be knowledgeable of, or a party to the incident, interviews with all possibly involved personnel shall be held. It is imperative that these interviews be conducted in an atmosphere of shared concern as to the events leading to and surrounding the incident. When an interview is conducted, the following shall apply:

(1)     As appropriate the Interview Statement shall be read or given to an employee before conducting an interview (see Appendix 9, Interview Statement).

(2)     An employee who is a member of a bargaining unit may elect to have a union representative present during the interview, in accordance with the applicable negotiated agreement.

(3)     An employee who is interviewed shall be afforded the opportunity to submit written comments and recommendations to the ATM within 5-calendar days of the interview. The comments shall include the employees’ name, position function, and location of employment. The employees’ signature shall be affixed to the end of the statement and dated. Recommendations should concern corrective actions that can be undertaken to preclude a similar occurrence.

(4)     Interviews shall be conducted by supervisory personnel, designated IIC's or the ATM. Investigative team members, other than the involved employees’, may participate in the interviews.

(5)     Every effort shall be made to conduct interviews during the employees’ regularly assigned shift and within the employees’ assigned facility. 

c.        Voice Recordings.

(1)     Two certified cassette re-recordings, one marked "Original" and the other marked "Copy", shall be made from the original voice recording that shall include the time track, when available both tapes shall be retained in the OE/OD file. Certification and labeling of these cassettes shall be in accordance with FAA Order 8020.11. Include all communications for a period of 5 minutes before initial contact to 5 minutes after the last contact with each position involved in the OE/OD. When re-recordings are made from digital voice recording system (DVRS) equipment, this period will be from the call file immediately proceeding and immediately after the 5 minute before and after requirement.

(2)     If the above period exceeds 30 minutes, the ATD manager may approve, for the specific OE/OD, limiting the recording to that period pertinent to the incident.

5-1-6.  ATM RESPONSIBILITIES

a.        The ATM of the facility whose personnel were responsible for the separation of the aircraft involved, regardless of where the OE/OD occurred, shall:

(1)     Ensure that OE/OD investigations are conducted in accordance with any negotiated agreements between the FAA and pertinent labor organizations.

(2)     When the Preliminary OE/OD Investigation Report indicates that another facility(s) is involved in the occurrence, as soon as feasible confer with other ATM(s) to determine the scope of the other facility's investigative effort and how long it will take.  This includes gathering data and completing Parts I and II of FAA Form 7210-3, Final Operational Error/Deviation Report. If the reporting ATM and the other ATM cannot concur in any phase of their respective investigations, their differences shall be reported to the ATD for a resolution.

(3)     Designate the Investigator-In-Charge (IIC). The IIC may be designated on a rotational or permanent basis.  Supervisory personnel or facility staff shall perform the IIC function.  If the only facility officer is the ATM, and there are no assigned supervisors, the ATM performs the IIC functions.

(4)     Designate a team to assist the IIC in the investigation of each OE/OD.  The ATM shall determine the size and composition of the team, but shall as a minimum afford:

(a)     A Union designated representative reasonable opportunity to participate as a member of the investigative team.

(b)     Employees’ believed to be primary/contributory to the event reasonable opportunity to participate in the investigative process, except during the interview of other employees’.

(5)     Ensure FAA Form 7210-3 is completed. Instructions for completing FAA Form 7210-3 are contained in Appendix 4.

b.        The ATM of any other involved facility shall be responsible for providing the reporting facility with information and assistance as required. This may require an investigation on the same scale as the reporting facility, in which case the ATM shall have the same responsibilities as defined under paragraph 5-1-3, Initial Investigations. The ATM of any other involved facility shall also be responsible for retaining all pertinent original data until notified of release by AAT-20.

c.        The IIC is responsible for conducting a complete investigation and shall be the final authority for the findings and recommendations to be submitted to the ATM. In addition the IIC shall:

(1)     Ensure that all pertinent data has been collected and documented in Part I of FAA Form 7210-3 and distributed to the ATM.

(2)     When other facilities are involved, ascertain the scope of their investigation and coordinate the exchange of data and assistance as required.

(3)     Assign duties to team members.

(4)     Ensure that interviews conducted are done in accordance with paragraph 5-1-5b, Interviews.

d.        The IIC Investigative Team shall:

(1)     Assist the IIC by performing and completing all assigned tasks.

(2)     Remain under the supervision and jurisdiction of the IIC until relieved by the IIC or ATM.

5-1-7.  RECLASSIFICATION

a.              After preliminary notification procedures are completed, a review of the data may indicate a reclassification of the incident to one of the following:

(1)     Pilot deviation.

(2)     Military facility deviation.

(3)     From an operational deviation to an operational error.

(4)     From an operational error to an operational deviation.

(5)     No occurrence.

b.              If a reclassification is determined to be appropriate, the ATM shall:

(1)     Complete FAA Form 7210-5, Operational Error/Deviation Reclassification Report.

NOTE:
If a reclassification is from an operational deviation to an operational error or from an operational error to an operational deviation, then reclassify the original incident to a "No Occurrence" and indicate in the supporting documentation the new OE/OD report number.

(2)     Forward FAA Form 7210-5, Operational Error/Deviation Reclassification Report along with the rationale and all necessary supporting documentation, including voice tapes and radar data, to the ATD for review.

c.        The ATD shall conduct an initial review of all requests for reclassification.  Those they believe have merit shall be reviewed jointly between the ATD and AAT-200.  Should the ATD and AAT-200 not agree with the resolution of any request, AAT-20 is the authority to make a final determination.  Once AAT-200 verbal approval is obtained, the ATD shall submit FAA Form 7210-5, Operational Error/Deviation Reclassification Report, for all reclassification requests to AAT-20.

d.        Facilities shall retain all original forms and supporting investigative data for a period of 2 1/2 years.

5-1-8.  PERFORMANCE BASED ACTIONS

a.        Performance based action of surface errors, MVA/Obstruction errors, and oceanic/non-radar errors shall be handled in accordance with paragraph 5-1-9c, Return to Operational Duty.

b.        When radar data does not exist and all indications are that less than 80% of the separation minima was maintained, performance based action shall be handled in accordance with paragraph 5-1-9c, Return to Operational Duty.

c.        When radar data does not exist and all indications are that at least 80% of the separation minima was maintained, performance based action shall be handled in accordance with paragraph 5-1-9b, Return to Operational Duty.

d.        No controller will be decertified or required to complete remedial training for any operational error(s) classified as a low severity and/or any operational deviation(s).  However, skill enhancement training may be administered in accordance with paragraph 5-1-12, Skill Enhancement Training, for errors classified as low severity and are uncontrolled.

e.        The number and types of error(s) shall not be the sole determining factor for performance-based actions.  Performance based actions shall be based on overall documented performance history.

f.         The revocation or suspension of control tower operator certificate and facility ratings shall not be used for addressing performance deficiencies.

g.       Decertification shall not be based solely on involvement in the OE but rather the employee's overall performance history. Operational position decertification and remedial training shall only be used in cases where an employees’ documented performance history warrants such action.  The employees’ supervisor, with ATM concurrence, determines whether to decertify.  Decertification may be on one, multiple, or all positions as appropriate for the documented performance deficiencies.

EXAMPLE-
The employee has been determined to be primary in two operational errors within the last 2 1/2 years. The employees’ first-line supervisor has had three documented performance discussions (including a TTD) within the past year outlining needed performance improvement with a training plan.

(1)     Determine the appropriate actions and training necessary to return the employee fully to duty in consideration of performance deficiencies identified in the above review.

(2)     If the decision is not to decertify then skill enhancement training may be administered in accordance with paragraph 5-1-12, Skill Enhancement Training.

(3)     If the decision is made to decertify the employee the following actions and training, as a minimum, shall be taken:

(a)     A corrective action/recertification plan shall be developed in accordance with FAA Order 3120.4.

(b)     This plan shall include, as a minimum, remedial training, which addresses all identified performance issues.

(c)     Prior to communicating the above determinations and plans to the employee, the supervisor shall brief the ATM on the issues associated with the OE and obtain the ATM's concurrence for the action plans developed.

(d)     Accomplish recertification in accordance with FAA Order 3120.4 for the position(s) that the employee has been decertified.

(e)     Upon satisfactory completion of the performance skill check, the employee shall be returned to duty; or

(f)      If the employee fails to successfully complete the performance skill check, then the employee shall remain decertified and the provisions of FAA Order 3120.4 applied.

h.       When either an operations supervisor (OS) or a controller while performing supervisory/CIC duties, is identified as primary/contributory to an OE/OD, operations CIC duties shall be suspended.  Approval from the ATD shall be required before an OS/CIC is authorized to resume supervisory/CIC duties.

5-1-9.  RETURN TO OPERATIONAL DUTY

a.        The ATM shall remain involved in the post error process, in consultation with the ATD, including a review of the supervisors' determinations made under this paragraph to ensure complete and consistent handling of all incidents.

b.        For all operational errors initially classified as a low severity and/or all operational deviations:

(1)     The employee(s) determined to be primary/contributory to the error/deviation shall be returned to operational duties as soon as the preliminary investigation activities are completed.

(2)     No post OE/OD performance skill check will be completed on any operational position associated with this return to duty, nor will a 30-day follow-up performance skill check be conducted relating to this error/deviation.

(3)     The employees’ supervisor or designee shall complete the following as soon as feasible after the employee has returned to operational duty:

(a)     Conduct an in-depth review with the employee of the their role. This review shall include as a minimum:

1.       The events leading up to and surrounding the incident.

2.       The procedure or the separation standard involved.

3.       Available computer, radar data and voice recording of the incident via SATORI/RAPTOR playback.

4.       The training record, including all applicable technical training discussions (TTD’s).

c.        For all operational errors initially classified as moderate, or high severity, as well as all surface, MVA/Obstruction, oceanic/non-radar errors or at those facilities where radar data is not available and less than 80% of the separation minima was maintained:

(1)    Employee(s) determined to be primary/contributory to an operational error and if the employees’ performance warrants, shall not be assigned to operational duties until the employees’ supervisor or designee shall take the following action:

(a)     Conduct an in-depth review of the employees’ role in the OE. This review shall include as a minimum:

1.       The events leading up to and surrounding the incident.

2.       The employees’ statement.

3.       The procedure or the separation standard involved.

4.       Available computer, radar data and voice recording of the incident via SATORI/RAPTOR playback.

5.       The training record, including all applicable technical training discussions (TTD's).

6.       Verification of currency on the position of operation.

7.       Employee involvement in previous OE/ODs during the past 2 1/2 years.

(b)     Conduct performance based action in accordance with paragraph 5-1-8g, Performance Based Action.

(c)     Conduct performance skill check(s) for those positions on which the employee(s) will be allowed to return to operational duty while training is being provided.  This skill check may be accomplished on individual or multiple positions at the discretion of the ATM.  If the employee fails to successfully complete the performance skill check, then the employee shall be decertified and the provisions of FAA Order 3120.4 applied.

EXAMPLE-
If an employee was removed from operational duties on the radar departure position, but is to be returned to duty in the tower cab while completing some skill enhancement training for the departure position, a performance skill check(s) would be required in the tower cab function, so as not to unduly delay the return to duty.

(d)     As soon as possible after the employee has returned to operational duty, the employees’ supervisor or designee shall conduct a performance discussion to include:

1.       The results and recommendations from the IIC/investigative team and/or the facility OE review board.

2.       Any deficiencies in the employees’ performance identified during the investigation of the OE.

5-1-10. WHEN THE AIR TRAFFIC MANAGER IS INVOLVED

If the employee involved in the OE/OD is the ATM, the ATD manager may waive the requirements in paragraph 5-1-9, Return to Operational Duty, temporarily. This waiver shall not exceed 2 weeks, pending the arrival of an ATD designee. Upon arrival, the ATD designee shall serve as the employees’ certifying official for the purpose of complying with paragraph 5-1-9, Return to Operational Duty, and 5-1-11, Follow-up Performance Skill Check.

5-1-11. FOLLOW-UP PERFORMANCE SKILL CHECK

The employees’ first line supervisor or designee of an employee found to be primary/contributory to an OE of moderate or high severity, as well as all surface errors, MVA/Obstruction errors, and oceanic/non-radar errors shall conduct, as a minimum, a follow-up performance skill check of the employee, within 30 days from the date of return to operational duty. The skill check shall be conducted on a position in the control function involved in the OE.  The subsequent technical training discussion (TTD) shall review all training that was administered as a result of the OE and shall be documented in accordance paragraph 3-1-4, Documentation.

NOTE:
There is no performance skill check or 30-day follow-up performance skill check required with any operational error classified as a low severity or operational deviation.

5-1-12. SKILL ENHANCEMENT TRAINING

a.        Skill enhancement training is designed to increase the proficiency of a specialist in a skill on a position on which the specialist is certified.  Based on the circumstances unique to a specific error, skill enhancement training need not always be accomplished prior to an employee continuing operational duties.  Skill enhancement training shall be based upon the factors identified during the investigation of the operational error.

b.        For employees’ identified as either primary or contributory to an operational error classified as low severity, skill enhancement training may be appropriate only if the operational error has been classified as uncontrolled.

c.        Based on the employee(s) performance skill enhancement training may be required for employees’ identified as either primary or contributory to an operational error classified as moderate or high severity.

5-1-13.  FINAL REPORTS

The ATM shall:

a.        Analyze the data submitted by the IIC in Part I of the FAA Form 7210-3 to determine:

(1)     The classification of the occurrence; i.e., operational error, operational deviation, pilot deviation, or no occurrence. If it is determined that an OE/OD can be reclassified, the ATM shall request that the incident be reclassified in accordance with paragraph 5-1-7, Reclassification.

(2)    The categorization of the OE/OD; i.e., ATCS, manager/supervisor/other personnel, procedural, equipment, or any combination thereof.

(3)    The causal factors of the OE/OD.

(4)    The recommendations and corrective actions to be taken to prevent a recurrence of the OE/OD.

b.        Provide copies of Part I and Part II to each employee involved and the Principal Union Representative, before completing Part II, Item 69, Facility Manager's Recommendations and Corrective Actions.  Employees’ may submit comments or recommendations in writing to the ATM within 5-calendar days of receipt.  The comments shall include the employees’ name, position function, and location of employment, signature and date. Recommendations should concern corrective actions that can be undertaken to preclude a similar occurrence. The ATM shall consider these comments in his/her deliberations before completing Facility Manager's Recommendations and Corrective Actions and shall append the employees’ comments to Part II.

c.        Complete Part II of the FAA Form 7210-3 and submit two copies of Parts I and II and all attachments (including employee and union statements) to the ATD, and one copy each to other ATMs and ATDs as required, within 30 administrative workdays of the date the occurrence was reported.

d.        When an employee(s) of another facility is involved in an OE/OD, ensure that the employees’ supervisor, through that facility ATM, is provided sufficient documentation to determine the appropriate corrective action.

e.        Provide involved employee(s) with a copy of the complete report after receipt of Part III from the ATD.

f.         Retain the original report in the facility files.

g.       Establish a method of follow-up to evaluate the effectiveness of the local recommendations/actions that result from the investigation.

5-1-14. ENTRIES IN TRAINING AND PROFICIENCY RECORD (FAA FORM 3120-1)

When an employees’ performance has been determined to contribute to an OE/OD, the following shall be entered into the employees’ FAA Form 3120-1:

a.     The causal factors as determined by the ATM shall be fully transcribed and endorsed by the employees’ first-line supervisor on a separate page in Section VI. This page shall be used for any further reference to the OE/OD and shall indicate the facility's name, the OE/OD report number, and the removal date for the page.

b.        Any associated training, remedial and/or skill enhancement shall be logged, in accordance with FAA Order 3120.4, without reference to the OE/OD.

c.        Any associated position performance skill checks, including all follow-up performance skill checks (e.g., 30-day) shall be logged in accordance with FAA Order 3120.4, without reference to the OE.

d.        Any associated recertification shall be logged, in accordance with FAA Order 3120.4, without reference to the OE.

5-1-15.  DOCUMENTATION RETENTION

a.        The OE/OD investigation file shall:

(1)     Be retained by the reporting facility for 2 1/2 years from the date of the occurrence.

(2)     Be identified by a label (maximum size 3"x5") clearly marked "OPERATIONAL ERROR" or "OPERATIONAL DEVIATION," the report number, the incident local date and time, and the local date to be destroyed.

(3)     Contain, as a minimum, the original FAA Forms 7210-2 and 7210-3, signed employee personnel statements and/or any similar supporting documents, the two certified re-recordings marked "Original," and "Copy” in accordance with paragraph 5-1-5c, all supporting documentation such as the original NTAP or CDR plot in both printed format and an approved electronic media, as well as all documentation from the supervisor's training plan, performance skill checks, and the severity index chart from AAT-20.

NOTE:
A facility may elect to store the supporting data, i.e.. two certified voice re-recordings, and NTAP on a floppy disk in a separate secured place in lieu of the OE/OD investigation file.

b.        Preliminary and final OE reports that are classified as low severity and/or OD reports, while retained for 2 1/2 years, shall be sanitized after 12 months so that any information, which could lead to the identification of an employee, either primary or contributory to the OE/OD, has been removed.

c.        All references to a specific OE/OD shall be removed from the employees’ FAA Form 3120-1 and returned to the employee 2 1/2 years after the incident. All references to a specific OE classified as a low severity and/or OD shall be removed from the employees’ FAA Form 3120-1 and returned to the employee 12 months after the incident.

5-1-16. HEADQUARTERS AND AIR TRAFFIC DIVISION ROLES AND RESPONSIBILITIES

a.        AAT-1 shall be responsible for establishing and maintaining an analytical and investigative element within the headquarters office of Air Traffic Evaluations and Investigations Staff, AAT-20, which shall:

(1)     Maintain a central source of OE/OD data.

(2)     Review all FAA Forms 7210-3, Final Operational Error/Deviation Report, for the purpose of identifying system wide deficiencies (e.g., human, equipment, and procedural) and based upon these reviews, initiate recommendations for corrective actions to reduce the occurrence of OE/ODs.

(3)     Distribute, on a semi-annual basis, an OE/OD Analysis Report. This report shall, as a minimum, identify trends concerning deficiencies specified in paragraph 5-1-14a and be sent to all regions and AT facilities.

(4)     Conduct periodic program evaluations to determine the effectiveness and efficiency of this program.

(5)     Maintain liaison with the regions, facilities, and other headquarters AT offices and services to provide continuity and follow-up on corrective action recommendations.

(6)     Provide policy interpretations concerning the administration of this order.

b.        The ATD shall be responsible for establishing an analysis element within the ATD, which shall within 10 administrative workdays after receipt of Parts I and II of FAA Form 7210-3:

(1)     Review Parts I and II and complete Part III. Completion of Part III ends the investigation process.

(2)     Send copies of the completed FAA Form 7210-3, Parts I, II, and III and all attachments, including employee and union statements, to AAT-20 and the Planning, Information and Analysis Division, ATX-400.

(3)     Send a copy of Part III to the appropriate ATM's and other ATD's, when required, and retain the original in either paper or automated form in the regional files.

(4)     If the above cannot be completed within the 10-day time period, notify AAT-20 via telephone.

(5)     Review all requests to reclassify OE/OD's for completeness of data and to ensure their validity before coordination with AAT-20. Send the approvals in accordance with paragraph 5-1-7, Reclassification, to AAT-20.

(6)     Establish a follow-up mechanism to determine if corrective actions contained in FAA Forms 7210-3 are effective and are accomplished in a timely manner. All corrective actions shall specify a completion deadline.

(7)     Provide regional assistance to facilities as required.

(8)     Work closely with other ATDs when an OE/OD may involve facilities in different regions and the respective ATMs cannot concur in any phase of their investigations. If 30 administrative workdays have passed since the incident and a decision cannot be reached with the other ATDs, forward all investigative data to AAT-20 for resolution.  Until a decision is reached, ensure that all recordings, data and documentation pertaining to the incident are retained.