By Rudy Pont, BeCA Air Safety Committee Chairman

Since the beginning of June 2017, BeCA has been involved in talks about the national implementation of EU regulation 376/2014. So far the cabinet of Mr Bellot has organised four meetings where they invited the BCAA, Belgocontrol, BGATC (the Belgian Guild of Air Traffic Controllers), unions, the judiciary and BeCA. The goal of these meetings is to set up a clear legal and procedural framework for (aviation) Just Culture in Belgium. An ambitious, but necessary project if we want to re-assure front-line operators to report safety issues without fear of reprisal or criminal prosecution. Creating a trustful environment is a key concept in order to further improve safety performance of our industry.

State obligations by EU Regulation 376/2014

The “new” regulation includes a number of tasks that have to be implemented at national level. Three of those tasks are of particular interest for Just Culture.

Firstly there is a requirement for advance administrative arrangements between the BCAA and the judiciary (Art.15(4)). The current aviation law on which criminal prosecution in Belgium is based dates from 1937. BeCA fully supports the idea that this out-of-date law should be updated to reflect the reality of the socio-technological context in which pilots operate today. This requires that there is a common understanding of Just Culture between the BCAA  and the judiciary and that there are clear and transparent procedures established between all parties involved. If unclear, front-line operators will remain reluctant to report out of fear for criminalisation…

Secondly, a national body to which employees and contracted personnel may report alleged infringements of Just Culture principles (Art.16(12)) needs to be designated. So whenever an employee feels unjustifiably blamed for a reported error or mistake, s/he can “appeal” to this body that has the authority to take appropriate measures. BeCA believes that this body’s internal procedures resemble an Event Review Group (ERG), i.e. an expert panel consisting of several subject matter experts which can vary according to the case and the required expertise (e.g. a human factors specialist, FDM expert, operational pilot, maintenance personnel, ATCO, technician, etc.). The body should be independent from the BCAA both in funding and organisation, and should have sufficient real-life operational expertise. If not, this structure will lack the indispensable credibility and will risk becoming nothing more than an empty box.

The third item is the need to “lay down the rules on penalties applicable to infringements of the regulation. The penalties provided for shall be effective, proportionate and dissuasive.” (Art.21) BeCA urges all parties to create a clear and transparent set of penalties that ensures organisations adhere to the regulation and its basic principles.

Legal form

Unlike the old EC 2003/42 directive on occurrence reporting, the EU regulation 376/2014 is a (EU) law and is therefore immediately applicable in all EU Member States. Therefore in Belgium there is no need for a Royal Decree to make the regulation legally binding. However, BeCA is convinced that in order to create a solid and legally binding framework, the most appropriate way to address the national requirements stipulated in the regulation is by Royal Decree. At this point, all stakeholders agree with this approach.

Changing the law

The judiciary is also part of the discussions. The substitute prosecutor-general agrees with BeCA’s opinion that the Aviation Law of 1937 (http://bit.ly/2vDv00a) is outdated and needs to reflect the socio-technological reality frontline operators (e.g. pilots) face today. Prison sentences and fines for light administrative violations (such as not carrying the aircraft journal) need to be revised while there should remain a strong deterrent for acts of wilful misconduct, causing intentional harm of damage and sabotage.

Looking ahead

BeCA is strongly motivated to collaborate on this initiative and commends the Ministry of Transport for its efforts so far. However, it is essential that all stakeholders acquire a full understanding of the complexity of this project in order to come to a holistic solution. There is no room for hidden agendas or political games. Just Culture is based on trust. Without trust there will be no improved reporting and hence no safety improvement; simply because you cannot fix what you don’t know. Belgium has a great opportunity here to show how it is done right. Striving towards a common goal, successful implementation only requires hard work and courage from all parties.