USPA governance

portion of group at airplane

Proposal for Reform

USPA Reformation Through:

Continuous Oversight, At No Cost, Through the Use of Highly Qualified Volunteers

Despite having knowledge of the incidents reported in the post, “Much is Awry in Ridgely”, the USPA Regional Director recommended Ben Harris, the owner of Skydive Chesapeake, for the position of S&TA at the drop zone. He got the job. Although every S&TA who derives income from the drop zone has to reconcile his interests as an independent Safety Officer with his role as a revenue and cost conscious employee or contractor, the conflict of interest at Skydive Chesapeake couldn’t be clearer, or more dangerous.

After the 2008 "Special Investigation Report", SIR-08/01, where the NTSB studied 32 fatal crashes, the Board concluded that more needed to be done regarding aircraft airworthiness, piloting, surveillance (by the FAA), and restraints (seat belts).

Regarding surveillance they recommended that the FAA conduct inspections of drop zones. After that the FAA, by Federal Order, did regular inspections but after the accident in Hawaii in June of 2019 where a non-airworthy King Air 65-A90 crashed killing ten skydivers and the pilot the FAA wrote in the Official Correspondence that their inspection wasn’t intended to uncover the deficiencies in that aircraft that contributed to the accident. They wrote that skydivers aren’t passengers and therefor the FAA’s responsibilities regarding passenger safety didn’t apply.

Since the FAA doesn’t regard skydivers as passengers, the only oversight relative to aircraft airworthiness by the USPA for Skydive Chesapeake is a one page form that the owner occasionally submits to them attesting to compliance to one of four Part 91 inspection criteria.

The owner of Skydive Chesapeake broke his Group Membership Pledge very shortly after signing it. The operator at Oahu Parachute Center also lacked the integrity to honor his. Should it be expected either would maintain a true safety culture without help and oversight?

2013 Skydive Delmarva Safety Day
Safety Committee Candidates At Safety Day

A cost free solution would be to enlist USPA members, of which there are 40,000, to provide some of that oversight. What if the USPA encouraged all Group Members to support the formation of safety committees staffed by volunteer USPA members at their drop zones? To qualify, committee members would have to be C or D license holders, pilots, A&Ps, FAA DARs or safety professionals. Another criteria would be that they not derive anything more than incidental income from the drop zone.

Places like Skydive Chicago or Perris have enough revenue to do most, if not all the things that USPA’s Skydiving Aircraft Operations Manual and the drop zone’s Flight Operations Handbook call for with paid staff members. For those drop zones the need for a committee of volunteers is less urgent but it would still have value and their role of oversight could still be vital. For operations like the Oahu Parachute Center or Skydive Chesapeake independent oversight is absolutely critical. Fulfilling specific, day-to-day functions and services at drop zones with revenue problems would allow them to go further toward optimizing procedures and equipment and thereby increasing safety.

New drop zones or ones that serve small markets are less likely to hire Jumpmasters, load masters, boarding escorts, landing monitors and all the other personnel to operate as safely as the manuals would have it. It is undeniable that they are also more likely to cut corners when it comes to safety. (Graphic evidence of that is provided with the picture at the top of this post.)

Group Membership Categorization

To mitigate the cost and alleviate the condition of more roles to fill than individuals to fill them a different organization is in order. What if there were two categories of USPA Group Members? One is a “Legacy” Group Member while the other is a “Committee” Group Member and the drop zone owner would choose the type.

The USPA’s Group Membership Manual would change to add a “Type of Group Membership” section, which would include the terms of the two categories.

Legacy Group Member

Operators who choose this category of Group Membership provide most or all of the functions and services called for in USPA’s Skydiving Aircraft Operations Manual and the drop zone’s Flight Operations Handbook with paid staff members. Functions and services called for in the Aircraft and Flight Operations manuals not carried out by paid personnel may be provided by qualified volunteers who are members of a formally recognized and instituted drop zone Safety Committee according to terms outlined in the following section; “Safety Committee Group Member”.

Safety Committee Group Member

These Group Members use qualified volunteers who are members of a formally recognized and instituted drop zone Safety Committee to provide some of the functions and services called for in USPA’s Skydiving Aircraft Operations Manual and the drop zone’s Flight Operations Handbook.

A True Safety Culture

In this system volunteers provide oversight. The cost to provide the functions and services called for in USPA’s Skydiving Aircraft Operations Manual and the drop zone’s Flight Operations Handbook is mitigated. Consequently, it will be expected and the Group Member Pledge will state, that the Group Member will do his best to provide every function and service called for in both manuals. In such a system, drop zones can be rated. Those who provide most or all of the safety related functions most or all of the time will be rated more highly than those that don't.

This new system calls for USPA members to be actively involved in the safety of every jump. They, in fact, will be elements of a working and ever present Safety Culture.

In a 2008 report titled, “The Safety Culture Indicator Scale Measurement System (SCISMS)”, the FAA states that Safety Culture is, “an enduring value”, common to, “each member of each group in every level of an organization. It refers to the extent to which individuals and groups will commit to personal responsibility for safety; act to preserve, enhance and communicate safety information; strive to actively learn, adapt and modify behavior based on lessons learned from mistakes; and be HELD ACCOUNTABLE OR STRIVE TO BE HONORED in association with these values.

Drop zones are businesses. Currently, USPA license holders are not members of the organization to which the safety culture applies. They are customers. Safety is integral to business operations, not customer relations, so jumpers are NOT honored within the organization for association with the values stated in the definition. Safety Committees would consist of rank and file members of the jumping community whose efforts would be recognized daily and therefor honored.

Terms:

1 Committee Membership
1.1 Open to C & D license holders, pilots, A&Ps, FAA DARs or safety professionals
1.2 Closed to professionals who derive more than incidental income from the drop zone operator.
2 Role of the USPA Safety and Training Advisor
2.1 The S&TA should advise the committee, attend the meetings and review their work but he doesn’t necessarily need to be a member or approve their activities.
3 Terms - Drop zone owners and committee members agree to the following terms.
3.1 Whistle Blower Protection
3.1.1 Suggestions to the Safety Committee can be submitted anonymously and by any customer of the drop zone.
3.1.2 Reprisals against USPA members for identifying valid safety deficiencies are prohibited.
3.1.3 Members of the committee can only be denied the drop zone’s business services for just cause, which needs to be put in writing.
3.2 Owner Protection from "Disgruntled Customers"
3.2.1 The committee must be unanimous in their decision in order for any condition or practice to be deemed unsafe or in need of correction.
3.3 Review of Certain non-financial Business Records (Property Lease)
3.3.1 The benefit of review of certain business records is illustrated by what happened on two consecutive Saturdays in 2021 at Skydive Chesapeake. The drop zone either didn’t have a lease or they had one that allowed others to use their facilities and landing area for purposes other than skydiving that put skydivers in danger. On March 20, 2021 the property owner was allowed to operate a welder in the packing loft while customers and children were present and parachutes were being packed. The following Saturday the owner had an event for which he used the parachute landing area for another aviation activity. The operators couldn't prevent him from displacing the landing area without lease terms that precluded such a disruption. For that day, the landing area, which was originally chosen for it's distance from obstacles was displaced to an adjacent, plowed field separated from the drop zone by power lines. These are examples of the "Normalization of Deviation" that an operation’s safety committee would scrutinize and prevent.
4 Function & Activities
4.1 Forum & voice for anyone’s criticisms, inquiries and suggestions regarding safety
4.2 Safety Audits
A Equipment: Aircraft Per FAR Part 91.409. Mock-ups, fuel stations, other equipment and facilities to standards.
B Personnel: Pilots - Verification that initial pilot training is complete and that testing of experienced pilots has been conducted according to the USPA’s Jump Pilot Training Syllabus. Credential verification
C Personnel: Skydiving Instructors - Verify that all are qualified and current.
D Personnel: Loadmasters, Jumpmasters and Ground Crew members - Verify Loadmasters and Jumpmasters are qualified and that all ground operations functions and services are fully and properly conducted according to the USPA Aircraft Operations Manual and the drop zone’s Flight Operations Handbook
E Procedures - Fueling operations, weight and balance for every flight, checklists, USPA Basic Safety Requirements compliance, aircraft emergency procedures, loadmaster and jump master responsibilities, proper use of restraints per AC 105-2E, gear checks, parachute landing procedures, off-field landings, ground crew procedures, boarding procedures
5 Accident and Incident Reports
5.1 Contribute to and assist in writing accident and incident reports and help to implement recommendations based on lessons learned.
6 Education
6.2 Qualify committee personnel and others to function in safety roles.
7 Oversight of any and all safety matters. Remain continuously vigilant!
There is no implication of which Group Membership category is better. The new or small operation markets themselves as being a product of a safety culture that includes everyone. The established, prosperous drop zones stand on their record and demonstrate their commitment to safety by hiring professionals to fill every requirement. Either way, customers, the FAA, the NTSB, OSHA, parents, wives and everyone else who cares, sees qualified skydivers focused on everyone’s safety.

Whistle Blower Protection

From the points made in previous posts in this blog, particularly those concerning conflicts of interest, it’s clear that when it comes to safety oversight, the current methods are insufficient. The NTSB has learned, and the record indicates, that there are a lot of cracks through which a resource limited, overworked or unscrupulous operator could pass. Currently, if a regular skydiver sees an operator ignoring, or worse, exploiting such a crack he’s on his own. A Safety Committee, operating with the full cooperation of the owner, would give anyone with a concern someone to go to.

The USPA does have a whistle blower policy. It is Appendix B of the Governance Manual. It covers directors, officers, employees and contractors of the Organization, not members.

It is Viable

This is viable. Americans volunteer more than almost any society in the world. Drop zones are quite representative of the country so there won’t be a shortage of people who want to join the committee. Ben Harris, Skydive Chesapeake’s co-owner, wrote that there needs to be a divide between his operation and the community. Every community affected by his operation including skydivers, the drop zone’s neighbors, the town of Ridgely, the aviation community in general and even Harris’ own interests stand to benefit from such a reform.

Proposal for Reform Read More »

clouds on 4 sides

Deviations at the USPA?

Chapter 3 and Afterword

USPA Notification of Safety Issues at Skydive Chesapeake

If Harris had sent the outline as he said, he could not have explained things as I would have. On April 13th I sent an email to Ron Bell, United States Parachute Association Director of Safety and Training. Attached to the email was a letter that provided that context. This was the contact with the USPA that Harris was referring to in the April 30th phone call that established me as a whistle blower. (If he hadn’t falsely claimed to have sent my concerns to the USPA, that contact would have happened differently.)

With what happened on March 20th and the following Saturday it became clear that I was being treated as a whistle blower. That was never my intention but once that had been established it had to be coldly accepted. The reprisals have done damage and continue to do so.

Response From the Local S&TA

John Williams, who was Skydive Chesapeake’s S&TA at the time, went to their Safety Day on April 3. If I hadn’t sent the outline to him eleven days before he wouldn’t have known that they were operating with more jumpers than available seat belts. In a phone call on April 2nd he said to me operating with fewer seat belts than occupants was a violation of Federal Aviation Regulation § 91.107 (a) (3) - - Use of safety belts, shoulder harnesses, and child restraint systems.

The next day he told Harris and Derbak the same thing. They had been caught, but without consequence. At the presentation on Safety Day the assembly was told that from that day forward they would not fly with more than eight jumpers. I don’t know if the zero tolerance policy for sexual assault was offered by the same presenter.

Response From the National Office

Throughout early and mid-April Mr. Bell was unavailable so my “case” was heard by Shauna Finley, USPA’s Eastern Region Director. She agreed that if I had the facts right Harris’ and Derbak’s actions were corrupt. When Bell read my letter and after he heard my side of the story he too was sympathetic. But he and Finley also repeatedly pointed out that if Harris and Derbak didn’t want my business, for any reason, they didn’t have to let me jump there. In fact, each time the question of what was ethically right was put to either of them, that was their ultimate answer.

No Follow-Up

Vindication about the seat belts wasn’t acknowledged by Bell or Finley.

The USPA’s Group Membership Manual includes the “Group Member Pledge”. The first bullet point says that the Group Member pledges to comply with the Federal Aviation Regulations. Seat belts for everyone is one of them. Were they sanctioned or disciplined for breaking their pledge according to the USPA governance rules?

The question about overloading the aircraft hasn’t been answered by anyone either, although the pilot should have been able to resolve that question instantly. According to the USPA’s “Skydiving Aircraft OPERATIONS MANUAL” weight and balance is supposed to be calculated for every flight.

My outline included this table in which I calculated that the airplane was overloaded. If I’m right that is an extremely important matter particularly if the pilot hasn’t practiced engine out procedures. Did Finley or Bell determine that I was wrong and if so how?

estimated and unverified Piper Navajo load table
estimated and unverified Piper Navajo load table March 20, 2021

Harris and Derbak must have offered an explanation other than reprisal for blowing a whistle that shouldn’t have been blown. What is it? I’m in the Eastern Region so Finley is my Regional Director too. I’d like to be able to refute what Harris might have said about me. Not for the purpose of allowing me to keep jumping at the drop zone I helped form, but for the sake of my reputation.

The Owner is His Own Safety Officer

In the mean time Ben Harris has been made Skydive Chesapeake’s Safety and Training Advisor!

According to the USPA’s web page on Safety and Training Advisors Regional Directors appoint the S&TAs who are selected by the drop zone owner. In section 1-4 4.A.1.a.: “Regional Directors”, USPA’s Governance Manual directs that the S&TA can only be the drop zone owner if no one else is available. There are several highly qualified individuals practically in residence at Skydive Chesapeake. Since there is proof that Harris’ and Derbak’s operation has violated at least one Federal Regulation and USPA’s Group Member Pledge, Harris’ recommendation for his own appointment should have been summarily rejected.

Potential conflicts of interest abound:
  1. After I informed John Williams, the previous Safety and Training Advisor, that the drop zone’s primary aircraft was occasionally loaded with more jumpers than seat belts, he insisted the practice stop. By then it had persisted for over four months. Now, Ben the Operator, who allowed pilots to violate regulations, is the S&TA. There’s plenty of evidence to support me about Harris’ and Derbak’s proclivities toward deviance. It’s the perfect example of why owners should not receive appointments to serve as their own safety officers. This particular one has demonstrated a willingness to violate the regulations and deviate from the USPA’s own guidelines.
  2. According to the web site, USPA Safety and Training Advisors are selected by drop zone owners and appointed by the Regional Director. The Governance Manual says selection of the S&TA is done "in consultation" with the owner. Either way the owner gets to choose. Safety is often, maybe always, the first thing to be neglected when expenses need to be cut. An owner who makes safety optional based on cost isn’t going to recommend a safety officer who deems it to be essential, regardless of cost, yet the appointment process for S&TAs allows the owner that choice.
  3. Mr. Bell and Ms Finley accrue status and income in direct proportion to their activities at USPA affiliate drop zones. Bell has taught courses at Skydive Chesapeake and presumably will continue to do so. Both have to get along with the managers and operators of drop zones. “Getting along” is the operative and subjective phrase when it comes to whether or not interests conflict.
  4. In the current system, many S&TAs have the same conflicts that Ron Bell and the Regional Director have. They are professionals that need drop zone owners for their livelihoods. If the S&TA disagrees with the owner about any particular safety concern or equipment deficiency, that isn’t addressed in a timely manner, he runs the risk of irritating his employer. Everyone knows why that that can be bad for the employee.
  5. Finley and Bell both know that a USPA member has blown the whistle on a USPA affiliated drop zone. Neither have told the whistle blower that he is wrong. In fact the last time I spoke to either of them was in May, 2021, the day before Bell met with Harris and Derbak at Skydive Chesapeake to discuss my concerns. Since then I have not heard a word.
Chris Derbak and Ben Harris
Chris Derbak and Ben Harris

That compelling article in the September, 2020 issue of “Parachutist” was titled, “September 10, 1995 - A Tragic Case of Normalization of Deviance”. The author is Jim Crouch, former USPA Director of Safety and Training. Ches Judy, another former S&T Director died in the crash that was the subject of the article. (John Judy, Ches’ son, is one of the most talented skydivers on the planet.) Shouldn’t the United States Parachute Association review its policies? If these practices have been normalized, the Deviation Spiral is turning in that organization as well.

Deviations at the USPA? Read More »