Illegal activity of the SMS.
Illegal activity must be pre-defined in a job description, or for a job performance evaluation and based of decisions made by the courts. Illegal activity cannot be applied as punishment by a private individual, or an organization, to any person for a job description violation, or lack of job performance. When integrating illegal activity into SMS the management has an obligation to determine if there was an act of illegal activity to any and all incidents or accidents.
Negligence becomes a challenge to defined in a job-description or apply to a job-performance evaluation since this would involve the organization’s effectiveness of training. When an error, mistake, on unplanned event happen to someone the organization has an obligation to determine if the action must be classified as negligence. For a safety management system to identify negligence data must be collected, analyzed and investigated. Within the SMS system there are no regulatory requirement, or standard to assess, or audit a job performance against negligence as this also would jeopardize the just-culture of the SMS system.
Willful misconduct is a human behavior action and the violation is enforceable by a regulation, standard or policy. An organization that includes willful misconduct in their job description, or as a standard for an on-the-job evaluation, have an obligation to assume that every incident, or
Without data, it’s just some person’s opinion.
The Safety Management System is a system that can only operate within a just-culture, or a culture where learning is accepted and encouraged. When applying illegal activity, negligence or willful misconduct opportunities for learning are eliminated since these activities are only intended as enforceable policies. When applying these criteria, an organization is moving outside the scope of operational activities and job-performance standards. In addition, these policies are contradictory to a functional Safety Management System and an operational safety culture within a just-culture. Illegal activity, negligence or willful misconduct are the new-year resolutions of aviation safety.