Sean Parker

Head of Safety Data

UK Civil Aviation Authority

Content History

Today’s environment

Building trust

Legislation & Guidance

Confidentiality

2 Just Culture - Sean Parker

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

3 Just Culture - Sean Parker

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

Just Culture - Sean Parker 4

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

Just Culture - Sean Parker 5

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.

Just Culture - Sean Parker 6

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

Just Culture - Sean Parker 7

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

Just Culture - Sean Parker 8

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.

Just Culture - Sean Parker 9

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!

Just Culture - Sean Parker 10

Sean Parker

Head of Safety Data

UK CAA

Just Culture - Sean Parker 11