Which category of mishap material is non-privileged?

• A. Category II
• B. Category I
• C. Category III
• D. Category IV

Answer: (A)

Understanding how mishap material is protected by privilege helps explain this. Some information gathered during a mishap investigation is protected to encourage full, candid reporting; other material is not protected and can be used outside the investigation.

Category II is non-privileged, meaning it consists of basic factual data and statements gathered during the mishap reporting that aren’t part of the investigation’s deliberations or conclusions. Because it isn’t shielded by the investigation privilege, it can be disclosed or used in other proceedings and for corrective action.

The other categories contain material that is protected by privilege (such as deliberations, analyses, or conclusions) and aren’t typically discoverable in the same way.