GC 101 Practice Tips From Outside Counsel (with Tobin Suggestions)

The National Transportation Safety Board

NTSB Investigations: What Legal Professionals Need to Know

PRACTICE TIPS FROM OUTSIDE COUNSEL, WORKING WITH THE NTSB

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PHASES OF AN NTSB ACCIDENT INVESTIGATION

1. ON-SCENE AT AN ACCIDENT SITEa. Role of Counsel to a Party

b. Evidence Collection/Document Handling

c. Witness Interviews

d. Organizational Meeting

e. Establishment of Groups (i.e., Operations, Human Performance, Survival Factors, Structures, Weather,

etc.)

f. Talking to the Media

g. Internal Communications within the Party’s Organization

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PHASES OF AN NTSB ACCIDENT INVESTIGATION (continued)

2. POST ON-SCENE ACTIVITIESa. Role of Party Counsel – Communicating with NTSB

IIC and/or NTSB GC

b. Parallel Investigations, Audits, Reviews 1. By Other Federal, State, or Local Agencies

2. Internal Audit or Review Initiated by the Party c. Preparation of Group Chairmen Factual Reports

d. Opening of the Public Docket

e. Responding to NTSB Urgent Recommendations

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PHASES OF AN NTSB ACCIDENT INVESTIGATION (continued)

3. INVESTIGATIVE HEARING

a. Preparing Your Client1. Document Submissions2. Prehearing Conference

b. The Public Hearing 1. Objections

2. Party Questioning of Other Witnesses

4. THE TECHNICAL REVIEW PROCESS

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PHASES OF AN NTSB ACCIDENT INVESTIGATION (continued)

5. PARTY SUBMISSIONS

6. THE BOARD MEETINGa. Meeting with Individual Board Members in Advance?b. Other Party Prep Activities for the Board Meeting?c. Public Comments by the Party After the Close of the

Board Meeting

7. PETITIONS F0R RECONSIDERATION

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PHASES OF AN NTSB ACCIDENT INVESTIGATION (continued)

8. LITIGATIONa. Admissibility of NTSB Group Chairman Factual Reportsb. Inadmissibility of NTSB Final Reportsc. Deposing NTSB Investigators

9. OTHER MATTERSd. Regional Accident Investigationse. International Investigationsf. Special Investigations