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The Just Culture Initiative

Roderick van DamHead of Legal Service, EUROCONTROL

ICAO / McGill Conference2007

European Organisation for the Safety of Air Navigation

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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

• Assembly Resolutions

International Legislative Framework (1)

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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”

International Legislative Framework (2)

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ANNEX 13

• Paragraph 5.12

• 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

International Legislative Framework (3)

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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

• EUROCONTROL• ESARR 2 and Guidance Material

•States shall refrain from initiating proceedings (except in case of gross negligence)

•Without prejudice to applicable rules: - penal law - related to access to information by judicial authorities

Directives currently

under review

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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:

Gross negligence, willful violations and destructive acts

Actions, omissions and decisions expected from someone with your level of training and experience

Not tolerated

Not prosecuted

BUT WHO ASSESSES AND DETERMINES THIS?

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Concept of Just Culture

Objectives:To provide increase in reportingNot 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 caseLinate caseÜberlingen caseGOL 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 responsibilitiesAddress grey areas

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Challenges

Trust (at all levels – Corporate and State)

Communication Staff / Management Safety and Prosecution Authorities

Training and Education Reporting is an obligation – part of professional

duty Support “Prosecution Policies”

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Way Forward

Potential Impact on Aviation Safety recognized:

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

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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