The "just culture" issue has finally reached the International Civil Aviation Organisation. Why so long?
Actually, ICAO's Annex 13, which sets out the standards and recommended practices for accident investigation, has always assumed that states would understand the need for a thoughtful balance between the application of the frequently opposed societal forces represented by justice - the desire to deter wrongdoing by punishment - and fairness - the recognition that the word "accident", in aviation, normally describes an event that accords with its own dictionary definition: an unintended occurrence.
ICAO has acknowledged, in creating a working paper to enshrine the need for this balance, that it is not enough to imply that balance is required you have to spell it out in fine detail, which is the only kind of language that the law recognises. If the paper is recommended for adoption, the chances are that the seeds of change will have been sown globally. The fact that the progeny will be an extremely slow-growing plant is irrelevant. A "just culture" is essential if safety is not to be held back by frontline operators who are driven to cover up unintentional mistakes for fear of judicial retribution if they report them and that investigators who wish to understand an accident are not denied access, by police intent upon retribution, to evidence that would enable them to prevent a recurrence.
Source: Flight International
