For the last several months, Boeing has been under the microscope of a National Transportation Safety Board (“NTSB”) investigation seeking to understand why several Boeing aircrafts have recently been involved in serious malfunctions causing mid-air emergencies. Yesterday, the NTSB rebuked Boeing for making statements about the investigation in violation of the agency’s rules surrounding sharing information during an active investigation. Boeing’s violation occurred when one of its representatives answered a journalist’s question about who was involved in the failures that led to the structural problems related to a recent in-flight emergency. The representative answered by saying “the ‘who’ is absolutely the responsibility of the NTSB.”
The representative’s statement might seem innocuous, but the incident is a good reminder for all employers about the importance of confidentiality regarding active investigations. In the Boeing incident, the NTSB emphasized the importance of maintaining control over the narrative surrounding the investigation. The NTSB primarily took issue with the Boeing representative’s implication that the NTSB’s goal was to learn who was involved in the failures leading to the structural problems, not why those failures happened. Clearly communicating the investigation’s goal as “why” rather than “who” is “crucial to such investigations because it encourages individuals with information to come forward without excessive fear of retribution.”
Many workplace investigations involve a similar goal of understanding why a certain event or problem occurred so the company might fix the larger systemic issue and prevent future harms. And, even in those investigations where employers are seeking to find out who was involved in the problem at issue, confidentiality surrounding the investigation’s goals increases the likelihood that employees with relevant information will feel comfortable sharing what they know. Employers are bound to receive questions about investigations while they are ongoing. This week’s Boeing incident is a good reminder that a short answer (“We cannot discuss the investigation at this time.”) is best.
Source: https://www.nytimes.com/2024/06/27/business/boeing-737-max-ntsb.html?searchResultPosition=2