This document discusses legal issues related to safety regulation, oversight, and responsibility in implementing safety rules. It addresses the relationship between responsibility for improving safety regulations and liability for individual performances. It also examines factors that determine the level of skill and care required by operators, such as the interaction between different activities. Additionally, it covers promoting a just culture environment through clarifying the use of evidence, ensuring confidentiality, and defining common notions like gross negligence.

2. Università degli Studi di Messina
Centro Universitario di Studi sui Trasporti Euromediterranei “Elio Fanara”
Cinzia Ingratoci, UniversityCentreofTransportStudies (CUST – Euromed) –
Universityof Messina
LEGAL ISSUES ON SAFETY REGULATION, SAFETY OVERSIGHT
AND RESPONSIBILITY IN IMPLEMENTING AND PERFORMING
SAFETY RULES

3. The relationship between
responsibility for improving safety regulations
and liability for individual performances
a) Legal consequences for failures in improving and
implementing corrective and preventive measures,
according to the results of occurrences reports and
safety investigations;
b) The effects of regulatory failures in the judicial
evaluation of liabilities of operators

4. Factors to be considered in determining the
level of skill and care required by operators
a) Interaction between different activities: downsize of
general principles of self-responsibility and
legitimate expectation considering the principle of
prudent interaction;
b) General duty to ensure safety of the flight as
guarantors of air transports users
c) Community’s expectation of capacity to intervene in
case of technical default

5. Promoting a Just culture environment
a) Better clarification of possible use of evidence
collected in judicial and safety investigations;
b) Confidentiality and appropriate use of information
provided by occurrence reports and statements
made to safety investigators;
c) Common definition of core notions such as gross
negligence and willful misconduct