SECTION 1 CHAPTER 2 ANNEX B

GUIDANCE FOR DEFENCE DUTY HOLDERS WHEN ACQUIRING OFF-THE-SHELF AIRCRAFT

1.    Airworthiness design requirements are merely one source of constraint placed on aircraft designers. A military-sponsored aircraft design, for example, would mandate personnel safety requirements beyond airworthiness in the procurement specification. A new civilian aircraft, while not subject to such contractual constraints, would probably meet the WHS requirements of its expected main customers as a sensible business decision. Company liability concerns may also promote design practices that reduce risks to aircraft occupants and people on the ground. Consequently, in all likelihood, a new aircraft design will substantially meet Australia’s WHS Legislation. The challenge is to identify any deficiencies, recognising that: 

WHS benchmarks will inevitably vary between countries

military forces can moderate WHS requirements if they impede capability

aircraft designers will be constrained in providing safe aircraft designs and maintenance instructions by cost and schedule pressures, and knowledge deficits.

2.    This section proposes an approach to identifying the extent to which military or civilian off-the-shelf aircraft designs should satisfy Australia’s WHS Legislation with respect to promoting the health and safety of aircraft occupants.

Military off-the-shelf aircraft  

3.    Where a military-specific aircraft is being procured off-the-shelf, information on the design of the aircraft is needed, so that deficiencies against Australia’s WHS Legislation can be identified and the risk eliminated or otherwise minimised so far as is reasonably practicable. The following sources of aircraft design information may assist:

the original aircraft procurement specification, if it defines requirements that contribute to personnel health and safety

for aircraft designed under a MIL-STD-882 program, the artefacts produced by the aircraft designer to satisfy the Operating and Support Hazard Analysis (OSHA) and Health Hazard Analysis (HHA) tasks

the aircraft hazard log (or equivalent), if it includes hazards to personnel health and safety as well as airworthiness hazards

documents that define risk retention decisions by the certifying Airworthiness Authority

the elements of the military Airworthiness Code (if employed) that contribute to personnel health and safety

where possible, sourcing information specific to Australia’s WHS Legislation from the aircraft designer

a visual inspection of the aircraft, to identify design features that might present a hazard to personnel health and safety. 

Civilian off-the-shelf aircraft

4.    The civil Airworthiness Codes in Section 1 Chapter 3 of this publication will normally cater well for the protection of aircraft occupants from injury. However, they normally will not cover future ill effects to the health of aircraft occupants, for example due to chemical hazards, radiation hazards, and so on. To confirm the aircraft does not risk the future health of aircraft occupants, information specific to Australia’s WHS Legislation would need to be sourced direct from the aircraft designer. Further confidence might be gained through identifying countries where the aircraft type is widely operated, and comparing their WHS requirements against Australia’s WHS Legislation.