sean parker head of safety data uk civil aviation authority · 2016. 9. 28. · section 23 of the...
TRANSCRIPT
Sean Parker
Head of Safety Data
UK Civil Aviation Authority
Content History
Today’s environment
Building trust
Legislation & Guidance
Confidentiality
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History
1972 a Trident crashed killing 118 people
Many factors but key issues had happened before
Learn from mistakes to prevent accidents
1976 - Mandatory Occurrence Reporting Scheme
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Today’s Environment More Litigious
Willing to challenge CAA
Freedom of Information Act
Culture of Accountability
Less Deferential
Safety Management Systems
Greater Awareness
Whistleblower Legislation
36 Years of experience & examples
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Building Trust Reporter needs to believe:-
They won’t be punished by their employer
They won’t be punished by CAA
They won’t be prosecuted
The report will be ‘confidential’
This has been achieved by:-
Legislation and guidance material
Publicity and training
Communication
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Legislation & Guidance Air Navigation Order Article 226 incorporates the content
of EU Directive 2003/42 into UK law
ANO Art. 226 includes key wording:- The sole objective of occurrence reporting is the prevention of
accidents and incidents and not to attribute blame or liability.
Without prejudice to the rules of criminal law, no proceedings may be instituted in respect of unpremeditated or inadvertent infringements of the law which come to the attention of the relevant authorities only because they have been reported under this article as required by Article 4 of the Occurrence Reporting Directive, except in cases of gross negligence.
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Legislation & Guidance Guidance material CAP382 ‘The Mandatory
Occurrence Reporting Scheme’ further amplifies this protection of the reporter
A Statement by the Chief Executive at the front of CAP382 describes:-
Just Culture
Assurance Regarding Prosecution
Confidentiality of Reports
Possible Action by Employers
Action in Respect of Licences
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Just Culture Definition
• Individuals are not punished for actions, omissions or
decisions taken by them that are commensurate with
their experience and training but which result in a
reportable event; but
• Where gross negligence, wilful violations and destructive
acts are not tolerated.
Confidentiality Since 2005 the Freedom of Information Act has given
individuals access to information held by public bodies in the UK.
Moved from a ‘need to know’ approach to ‘right to know’
All recorded information is accessible unless an exemption is appropriate.
Section 23 of the Civil Aviation Act 1982 is such an exemption
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Confidentiality Section 23 of the Civil Aviation Act prohibits the
disclosure of information that relates to a particular person and has been furnished to the CAA in pursuance of an Air Navigation Order.
Note. ‘Person’ includes any legal entity
As Occurrence Reporting is mandated by the ANO it is protected from disclosure
A new EU Regulation could affect this.
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Summary Just Culture relies on trust
Trust in the Regulator & Judiciary - MOR
Trust in the employer – SMS
Legislation must account for Just Culture Punishment
Confidentiality
Guidance is necessary
Communication is necessary
Just Culture is fragile Years to build, minutes to destroy!
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Sean Parker
Head of Safety Data
UK CAA
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