GM3
ATM/ANS.OR.B.005(a)(2) Management system
ED Decision 2017/001/R
The policy should actively encourage effective safety reporting and, by defining the line between acceptable performance (often unintended errors) and unacceptable performance (such as negligence, recklessness, violations or sabotage), provide fair protection to reporters. A safety or just culture may not, however, preclude the ‘criminalisation of error’, which is legally, ethically and morally within the sovereign rights of any Member State, provided that European Union law and established international agreements are observed. A judicial investigation, and consequences of some form, may be expected following an accident or serious incident especially if a system failure resulted in lives lost or property damaged, even if no negligence or ill intent existed. A potential issue could, therefore, exist if voluntary hazard reports, which relate to latent deficiencies of a system or its performance, are treated in the same way as those concerning accident and serious incident investigations. The intent of protecting hazard reports should not challenge the legitimacy of a judicial investigation or demand undue immunity.
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