Skip to main content
main-content
Top

About this book

This book reviews and critically analyzes the current legal framework with regard to a more just culture for the aviation sector. This new culture is intended to protect front-line operators, in particular controllers and pilots, from legal action (except in the case of willful misconduct or gross negligence) by creating suitable laws, regulations and standards. In this regard, it is essential to have an environment in which all incidents are reported, moving away from fears of criminalization. The approach taken until now has been to seek out human errors and identify the individuals responsible. This punitive approach does not solve the problem because frequently the system itself is (also) at fault. Introducing the framework of a just culture could ensure balanced accountability for both individuals and complex organizations responsible for improving safety. Both aviation safety and justice administration would benefit from this carefully established equilibrium.

Table of Contents

Frontmatter

Chapter 1. Origin and Development of a ‘Just Culture’

Abstract
According to an ancient, well-known Latin phrase, errare humanum est, i.e. to err is human. In fact, people make errors, whatever their level of skill, experience or training.
Francesca Pellegrino

Chapter 2. The Legal Definition of ‘Just Culture’ in Aviation

Abstract
The concept of ‘just culture’—elaborated, as we have seen, by James Reason in the 1990s and subsequently developed by other authors and extended to many sectors—has been legally recognized in aviation legislation at international, European and national level.
Francesca Pellegrino

Chapter 3. Legitimate and Illegitimate Behaviour in Aviation

Abstract
In the light of the analysis conducted hitherto, in my opinion, only a few unsafe human actions are deliberate and require criminal-law punishments.
Francesca Pellegrino

Chapter 4. ‘Just Culture’ Versus ‘Blame Culture’ in Aviation

Abstract
As we have seen, the opposite of a blame culture is a culture where people feel free to admit their errors and make suggestion.
Francesca Pellegrino

Chapter 5. From a ‘Blame Culture’ to a ‘Just Culture’ and Back: The Italian Experience in the Aviation Field

Abstract
On 24 February 2004, a Cessna 500 Citation I, operated by the Austrian air taxi operator City-jet (CIT flight number 124), inbound to Cagliari airport, approved for a visual approach, collided against the rock, so-called ‘Baccu Malu’, that is part of the ‘Monte dei Sette Fratelli’. The flight had to transport a medical team composed of three doctors and an organ for transplantation. All six occupants (three crew members and three medical team members) died in the crash.
Francesca Pellegrino

Chapter 6. Final Remarks

Abstract
In the light of the findings of this study, we can now stress the key objectives of a so-called ‘just culture’ and the obstacles that still hinder its proper implementation.
Francesca Pellegrino

Backmatter

Additional information

Premium Partner

    Image Credits