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.
The Just Culture Infringement Board is established in terms of the requirements pursuant to Article 16(12) of Regulation (EU) 376/2014. This Board will be responsible for implementing the provisions of this same regulation, and for respecting the Just Culture principle.
The role of this Board is to ensure that any individual working within the civil aviation industry who has filed a report which relates to safety-relevant events (occurrences) is not penalised by their employers or by the Member States authorities, subject to specific exceptions mentioned in the Regulation.
Employees within the relevant organisations will have a right to petition to the Just Culture Infringement Board should they feel that they have been aggrieved or prejudiced in any way, pursuant to any action taken against such employees. 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.