Potential challenges to SMS implementation Legal and Cultural Issues in Safety Reporting

1. Radu CIOPONEA Performance Review Unit, EUROCONTROL 5 - 7 April 2006, Baku, Azerbaijan Potential challenges to SMS implementation Legal and Cultural Issues in Safety Reporting European Organisation for the Safety of Air Navigation

2. Challenges • Legal • Protection from judiciary • Confidentiality assurance • Cultural • No-blame culture; • Openness in reporting; • Acceptance of mistakes; • Communication and trust. You start with a bag full of luck and an empty bag of experience. The trick is to fill the bag of experience before you empty the bag of luck.

3. The legal challenge • Impediments/threats can exist in national legislation: • Penal law; • Labour law; • Civil law. • Judiciary is NOT the enemy but a partner; • Get a good lawyer and work together! • Apart a few difficult cases, legislation is a poor justification for do-nothing.

4. Legislation / Regulation • International legislation and regulations must be implemented in full; • Copy and paste not enough, local adaptations and enforcement needed; • Respect the letter AND the spirit;

5. European and national acts • Annex 13 fully implemented in your State? • Directive 94/56/EC transposed in all EU States by now; • However, varied effectiveness of investigative bodies; • Legislation supportive in your State? • Directive 2003/42/EC not yet transposed in some States; • However, some impediments still remain; • ESARR2 not implemented in full by many States.

6. ESARR2 reports How many States report good data?

7. Incident reports (15 States) Learn from the mistakes of others. You will not live long enough to make all of them yourself.

8. Media and public BD-700 Global Express (by Bombardier’s Canadair Division) One press article: Fast bomber aircraft with global range.

9. Media and public • Confidentiality of information is crucial; • However, secrecy is a different thing; • Media will mostly demand (and get!) information in difficult moments; • By and large, the data obtained will be misinterpreted and/or misused; • To avoid this: permanent, targeted education, communication campaigns

10. Case study • Study on the three collisions in Europe: • Paris CDG 2000; • Milan Linate in 2001; • Überlingen in 2002. • System breakdowns at NATS added; • A balanced sample of newspapers from the five countries involved: France, Italy, Switzerland, Germany and the UK.

11. Structuralist vs human

12. Representation of ATC

13. European initiatives

14. Safety culture • Awareness is relatively high in Europe; • Alas, much remains at intention or statement level; • Still a rift between management and ATCOs; • Building and maintaining trust is vital; • For this, communication is key; • Try to meet the other party half-way.

15. Supporting the safety culture • Several actions can strengthen safety culture: • Training - very important but often sacrificed in cost-cutting measures; • Permanent reality checks: is it still working? • Management involvement; • Communication – permanent, diversified; • All employees should feel confident to speak up. • ACTION!

16. Just culture • Apparently, ATM needs a “just culture” • This is WRONG! • A “just culture” for ATM will not help much; • AVIATION greatly needs a just culture! • Reaching critical mass will be much easier through a wide civil aviation partnership; • See Danish example.

17. Best practice • Europe has best practice examples: • Portugal; • United Kingdom; • Denmark; • France; • Rhodes airport. • Size does not matter; • National culture does not matter.

18. Where we are today Maturity of Formal Safety Framework in ECAC: REGs 70% Target

19. Where are we todayMaturity of Formal Safety Framework in ECAC: ANSPs 70% Target

20. Where we need to be Maturity of Formal Safety Framework in ECAC: ANSPs 70% Target

21. Thank you! Questions? ?