TM CAD promotes a culture in which it aims, in particular, at ensuring confidence of aviation professionals in occurrence reporting systems and encourages them to reports any relevant safety information with a view to contribute to the enhancement of aviation safety and accidents prevention. To this end, TM CAD requires organisations to adopt Just Culture principles in their procedures and Safety Managements. Furthermore, TM CAD believes and promotes a culture where individuals are not punished for actions, omissions or decisions taken by them that are commensurate with their experience and training, but which result in a reportable event. Nevertheless, Just Culture must not be used as a means to exonerate individuals from their responsibilities but rather to find a balance between full impunity and blame culture.
Just Culture Monitoring Board
The Just Culture Monitoring Board derives from the requirements pursuant to Article 16(12) of Regulation (EU) 376/2014. This Board is established in Transport Malta-Civil Aviation Directorate (TM-CAD) and its members are appointed by the DGCA with the responsibility to implement the provisions of the afore mentioned regulation and respecting the Just Culture principle.
To implement the above, the DGCA will designate three aviation professionals to ensure that Just Culture principles are applied and enforced. These aviation professionals shall include two (2) TM-CAD employees or Consultants and one (1) third party non-Transport Malta employee/officer who is a qualified pilot, engineer or advocate working in the aviation industry.
Any employee and/or contracted personnel of the organisations established in the Republic of Malta, who feel that they have been aggrieved or prejudiced in any way pursuant to any action taken against them, have a right to petition to the Just Culture Monitoring Board. In this regard, the protection granted in Regulation (EU) 376/2014 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 to take such care as is evidently required in the circumstances, causing foreseeable damage to a person or property, or which seriously compromises the level of aviation safety.
Reporting an alleged infringement does not replace the occurrence reporting system (MOR or VOR) of TM CAD. Alleged infringements are to be reported via the CAD reporting weblink.
The Board shall ensure the confidentiality of the identity of the reporter, as well as any other individuals who are involved in the report made.