1 the just culture initiative roderick van dam head of legal service, eurocontrol icao / mcgill...
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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
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