The Just Culture Initiative
Roderick van Dam
Head of Legal Service, EUROCONTROL
ICAO / McGill Conference
2007
European
Organisation for the Safety of Air Navigation
1
International Legislative Framework (1)
ICAO
•
Article 26 of the Chicago Convention
•
Annex 13
•
Paragraphs 5.12 and 8.3
•
Possibility to file differences
• Administration of justice / judicial authorities
• Freedom of information
•
2
Assembly Resolutions
International Legislative Framework (2)
Relevant Assembly Resolutions:
A31-10: “Urges Contracting States (…) to implement voluntary
and non punitive reporting systems”
A33-17: “Instructs the Sec. Gen. to develop appropriate guidance
material related to laws and regulations to protect certain
accident and incident records”
A35-17: “Instructs the Council to develop appropriate legal
guidance that will assists States (…) to protect information
gathered from all relevant safety data collection and processing
systems, while allowing for the proper administration of justice in
the State”
3
International Legislative Framework (3)
ANNEX 13
•
Paragraph 5.12
•
•
•
4
Recordings and transcripts of reporting from ATC units
Legal Guidance: Attachment E
•
Not purpose of protecting safety information to interfere
with proper administration of justice
•
Protection of qualified safety information under
conditions is State’s responsibility
•
Principles of exception and public disclosure
Applicability: November 2006
European Legislative Framework
•
European Community – same “conflict”
•
•
Directive 94/56/EC on the investigation of civil aviation accidents and incidents
Directive 2003/42/EC on occurrence reporting in civil aviation
•States shall refrain from initiating proceedings
(except in case of gross negligence)
Directives
currently
under review
•Without prejudice to applicable rules:
- penal law
- related to access to information by judicial authorities
•
EUROCONTROL
•
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ESARR 2 and Guidance Material
Concept of Just Culture

What is “JUST CULTURE”?

EUROCONTROL / EC/ECAC definition:
“A culture in which front line operators or others
are not punished for actions, omissions or
decisions taken by them that are commensurate
with their experience and training, but where gross
negligence, wilful violations and destructive acts
are not tolerated”
Definition to be submitted to
36th ICAO Assembly
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Concept of Just Culture
MAIN ELEMENTS:
Actions, omissions and decisions expected from
someone with your level of training and experience
Not prosecuted
Gross negligence, willful violations and destructive acts
Not tolerated
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BUT WHO ASSESSES AND DETERMINES THIS?
Concept of Just Culture

Objectives:
 To provide increase in reporting
 Not to justify absence of reporting

Evolved from punitive-free reporting, blame free reporting
To achieve a balance between interests of
Safety (and protection of Safety Information)
while allowing proper Administration of Justice
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Challenges
Trend (in Europe): Aviation and criminal proceedings
 Further
to an accident:
 Mt-St-Odile case
 Linate case
 Überlingen case
 GOL 1907 case
Further to an incident:
 Delta case
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Challenges

Increase of criminal proceedings - Why?




Basic principles have not changed
Increase awareness of safety matters
Not solely affecting aviation – Societal trend?
Impact on reporting


“Vicious circle”
Calls for Just Culture
Less reporting
More incidents/
accidents
Increase in legal
proceedings
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Challenges

Cooperation between Justice and
ATM/Safety experts
 Public
interest
 Safeguards
 Respect roles and responsibilities
 Address grey areas
11
Challenges

Trust (at all levels – Corporate and State)

Communication



Training and Education


12
Staff / Management
Safety and Prosecution Authorities
Reporting is an obligation – part of professional
duty
Support “Prosecution Policies”
Way Forward

Potential Impact on Aviation Safety recognized:




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Incidents reports are essential to safety
Need to ensure flow of safety information
Need to provide environment supporting reporting
(and address “fear” of reporting)
Just Culture concept –supporting safety reporting in a
culture that is “just” to all concerned
Way Forward

Aim for a balance in roles and responsibilities of each party

Avoid slogans and one-sided approaches

Seek collaborative approach of all concerned

Create best practices and policies at national or regional level, and

Endorse , develop and harmonize Just Culture at International Level:
36th ICAO Assembly
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