EUROPEAN CORPORATE JUST CULTURE …...Budapest, 27-28 October 2015 EUROPEAN CORPORATE JUST CULTURE...

Budapest, 27-28 October 2015

EUROPEAN CORPORATEJUST CULTURE DECLARATION

PresenterPresentation Notes1. INTRODUCTION TO THE EUROPEAN PROCESS – a brief historical summary:

In 2003, the European Parliament and Council published the "DIRECTIVE 2003/42/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 June 2003 on occurrence reporting in civil aviation”

In March 2009, ACI, AEA, CANSO, ECA, ERA and ETF co-signed the "COMPANY GUIDELINES ON JUST CULTURE” including: a)General principles enhancing the purpose of reports, the necessity of investigations and the protection of reportersb)Management and staff responsibilities based on communication and mutual trust c)Managing incident reports to investigate with objectivity and confidentiality the cause of an incident and not to blame anyone and providing feedback to managers and staffd)Preventative and supportive action taking no disciplinary action according to the EU Reg. 376/2014 but measures to prevent further occurrences

In November 2011, the social partners from the ATM working group (ETF, ATCEUC and CANSO) agreed on a joint statement: "Social Partners Joint Statement from the Venice Conference 16 and 17 November 2011" in which the action plan included the implementation of the Company Guidelines on Just Culture

In April 2014, the European Council and Parliament published the "REGULATION (EU) No 376/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 3 April 2014 on the reporting, analysis and follow-up of occurrences in civil aviation, …"

In June 2014, CANSO published the CANSO Guidelines on Just Culture.

In September 2014 the 3 Social Partners agreed to invite the 3 professional associations to jointly draft new guidelines for the ATM organisations’ just culture policy.

In February 2015 there was the kick-off meeting to draft the guidelines.

Contemporary, the EC established a working group composed by the civil aviation stakeholders to draft a civil aviation just culture policy model. The EC welcomed the joint work for the ATM.

In March there was the kick-off meeting of the WG for the civil aviation just culture policy model. At the end the WG decided to define:

- Fairly high level policy - Key principles - Sufficient flexibility to individualise:

- Addresses requirements of 376/2014 - Guidelines and recommendations attached

.

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WHOWHYHOWWHAT

WHEREWHEN


PresenterPresentation Notes2. Objective

Based on the new regulatory framework, the social partners and the professional associations had believed it is necessary to update the 2009 guidelines on just culture

We’ll see WHO is involved in this project, WHY the process has been put in place, HOW to deal it, WHAT is the outcome so far, WHERE to deploy it and WHEN according to the roadmap to apply the European Regulation 376/2014

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WHO


WHO

The ETF represents more than 2.5 million transport workers from 231transport unions and 41 European countries, in the following sectors:railways, road transport and logistics, maritime transport, inland waterways,civil aviation, ports & docks, tourism and fisheries


WHO


PresenterPresentation Notes3. A short presentation of the 6 stakeholders

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WHY


WHY


PresenterPresentation NotesThe European Parliament and the European Council published the Regulation 376/2014 with the objective to improve aviation safety by ensuring that relevant safety information relating to civil aviation is reported, collected, stored, protected, exchanged, disseminated and analysed; the sole objective of occurrence reporting is the prevention of accidents and incidents and not to attribute blame or liability

GENERAL PRINCIPLES

paragraph 7: If disciplinary or administrative proceedings are instituted under national law, information contained in occurrence reports shall not be used against: (a) the reporters; or (b) the persons mentioned in occurrence reports.

art.16.11 Reg. 376/2014: Each organisation established in a Member State shall, after consulting its staff representatives, adopt internal rules describing how “just culture” principles, in particular the principal referred to in paragraph 9, are guaranteed and implemented within the organisation

paragraph 9: Except where paragraph 10 applies, employees and contracted personnel who report or are mentioned in occurrence reports shall not be subject to any prejudice by their employer

paragraph 10: The protection under paragraphs 6, 7 and 9 of this Article shall not apply to any of the following situations: (a) in cases of wilful misconduct; (b) where there has been a manifest, severe and serious disregard of an obvious risk and profound failure of professional responsibility totake such care as is evidently required in the circumstances, causing foreseeable damage to a person or property, or which seriouslycompromises the level of aviation safety

paragraph 6: Without prejudice to applicable national criminal law, Member States shall refrain from instituting proceedings in respect ofunpremeditated or inadvertent infringements of the law which come to their attention only because they have been reported


PresenterPresentation NotesIn compliance to the art.16.11 all the civil aviation organisations after consulting their staff representatives shall implement the just culture policy at company level with particular attention to the principle described in the paragraph 9 which protects by any prejudice not only who reports but also who has been mentioned in the report, with the exception included in the paragraph 10;Paragraph 10 helps to clarify situations not justifying any protection as in the first draft of the Regulation, point b) was gross negligence and this wording in many european countries leaves a wide range of interpretation to the organisations and to the prosecutors; the EC clarified that the wording as reported in point b) is not to be intended as a definition of “gross negligence”. Furthermore the EC is not entitled to prescribe any penal law for Member States.Paragraph 6 and 7 enhance the protection of personnel reporting the occurrences

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HOW


HOW

complying to

introducing

taking information from


PresenterPresentation NotesThe agreed way to proceed has been to use all the existing documents provided by the 6 ATM partners taking information from them to draft guidelines complying to the principles included in the Regulation 376/2014 and taking into account also the CANSO Guidelines on Just Culture published in June 2014. Nevertheless learn from current implementation levels to adapt document for "user-friendliness” to ensure that the JC guidelines meet the requirements of the stakeholders and that the JC guidelines are an aid to implement JC.On 23rd January 2015 the ATM partners reps met Delphine Micheaux-Nadet, the EC officer leading the implementation process of the Reg.376/2014, informing her about the ATM partners project; she welcomed the idea and asked to extend the objective to the whole civil aviation involving all the interested stakeholders; Madame Micheaux-Nadet invited us to attend the first meeting of the working group committed to identify good practices as basis for the EU industry Just Culture Model Policy on the 18th March 2015; on 12th of may and on 22nd of June 2015 we met again and finalized a first draft version of the “Joint Declaration of commitment to corporate just culture”;

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WHAT


WHAT


PresenterPresentation Notes4. The DECLARATION

Short explanation highlighting the objective and the main key-principles; finally the way forward

The Preamble


PresenterPresentation NotesThe DECLARATION

The Preamble

Describes 10 issues, among them I wish to underline:

Safety is seen as a key contributor to business and to success of organisations;JC lies at the heart of an effective reporting system;The declaration supports the existing legislation and in particular the Regulation 376/2014;Consultation of staff representatives to implement the internal rules of organisations

The Key-principles #1



The Key-principles:

There are 15 key-principles agreed by the signatory stakeholders which will be included in their respective company just culture policies:

Safety is top priority: think safely2) Staff act in the interest of safety provided by organisations with appropriate environment, tools, training and procedure




The Key-principles/2:

There are 15 key-principles agreed by the signing stakeholders which will be included in their respective company just culture policies:

3) Combination of human performance with unwanted and unpredictable systemic influences4) Analysis focused on system performance and contributing factors NOT on apportioning blame5) actions, decisions and omissions commensurate with experience and training






6) Protection of reporters and other persons mentioned in the report7) Capture and encouragment of positive behaviours and actions8) Mutual trust and respect across the organisation9) Definition of a process to determine an acceptable behaviour






10) Procedures of management, storage, protection and disclosure of safety data11) Support the staff subject to external procedures12) Go beyond JC internal rules






13) Staff and top management shared responsibilities on JC principles14) Committment to promote and implement JC principles15) Review and assessment of JC internal rules

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WHERE


PresenterPresentation NotesThe key principles included in the Declaration are addressed, for the ATM domain, to the european ANSPs and to the national staff representatives based on the mutual trust within a company, in particular between management and front-line operators.

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WHEN


European Commision / EASA

ATM partners

11.12.2014. Joint Letter to EC

12.12.2014. Cross domain stakeholder

meeting with EC

06.11.2014 KOM EASA WG

Risk Classification scheme

23.01.2015. Joint ATM partner Meeting(morning)

23.01.2015. Joint ATM partner meeting with EC

(afternoon)

21.02.2015. Deadline

submission existing JC

policiesto EC

13.02.2015. Joint ATM partner

meeting

18.03.20151st Meeting

JC policy model

12.05.20152nd Meeting

JC policy model

22.06.20153rd Meeting

JC policy model

27.04.2015EC WS on industry

-.06.2015Preparation of communication and promotional

material

01.10.2015High Level Conference

15.11.Impleme

Reg (EU) 3

De Ja Fe Ma Ap May Ju Jul Au Se Oc

De Ja Fe Ma Ap May Ju Jul Au Se Oc

12.02.1015 ECTRL JC TF Meeting

17.03.2015. Joint ATM partner Meeting 3pm-5pm

27.02.2015. Deadline to submit

comments

7 or 11.05.2015. Joint ATM partner

Telecon

15.06.2015. Joint ATM partner

Meeting /Amsterdam

timeline


PresenterPresentation NotesThis slide describes the process from the beginning to the 15th of November: above the timeline established by the European Institutions involving the main civil aviation stakeholders; below the parallel timeline followed by the ATM partners

Training organisations & just culture


PresenterPresentation NotesThe Regulation 340/2015 laying down technical requirements and procedures relating to air traffic controllers’ licensing and organisations’ ceritificates includes a clear reference to just culture principles. This represents a connection with the just culture policy. If a training organisation providing on the job training is not part of an ANSP should anyway adopt just culture principles after consultation with staff representatives complying to the article 16.11 of the Regulation 376/2014.

Many thanks for your attention


Luigi Giuliano D’IddioVice-chairman

ETF – ATM Committee

www.etf-atm.org

EUROPEAN CORPORATE�JUST CULTURE �DECLARATION�OUTLINEOUTLINEWHOWHOOUTLINEWHYGENERAL PRINCIPLESOUTLINEHOWOUTLINEWHATThe PreambleThe Key-principles #1The Key-principles #2The Key-principles #3The Key-principles #4The Key-principles #5OUTLINEWHEREOUTLINESlide Number 22Training organisations & just cultureMany thanks for your attention

EUROPEAN CORPORATE JUST CULTURE …...Budapest, 27-28 October 2015 EUROPEAN CORPORATE JUST CULTURE...

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