The Anatomy of a National Transportation Safety Board (NTSB) Investigation

The National Transportation Safety Board (NTSB) investigates all aviation incidents plus selected transportation incidents across all other modes of transportation including rail, highway, and marine, plus incidents involving pipelines carrying natural gas or other potentially hazardous substances.  When a transportation incident occurs and the NTSB launches an investigation, companies connected to the incident may find themselves offered the opportunity to serve as a "party" to the investigation. This is not the time to learn about the NTSB's investigative process.

This program will explain the "Party Process" utilized by the NTSB and the benefits and burdens of accepting "Party Status," opportunities for transportation providers to contribute to NTSB investigations, and how to avoid common mistakes made by companies and their counsel that are not familiar with NTSB investigations.

Wilson Elser's Dan Braude has counseled dozens of transportation providers and manufacturers in NTSB investigations involved in various modes of transportation. He will provide a comprehensive overview of the NTSB investigation process and offers detailed, practical tips and suggestions as to how to best assist the NTSB while also safeguarding your company's own interests.

Learning Objectives: 

1. Develop an understanding of the NTSB's approach to investigations while gaining insight into how and when the NTSB decides to investigate an accident or incident

2. Anticipate the NTSB investigation group structure and the party process - have a plan as to how best to actively participate, including considerations for the selection of a Party Coordinator and Party Representatives

3. Identify opportunities during the Factual Phase of the Investigation including during the immediate post-incident scene to provide input to the investigative process and support the NTSB's investigators

4. Understand the importance of thoroughly vetting NTSB Group Factual Reports and how to best recommend changes and corrections

5. Develop an approach to preparing Proposed Findings & Recommendations for submission during the NTSB's Analytic Phase