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Incident and Accident Investigation 28-7<br />

of the events covered, with attention often being focused on accidents at the expense of the seemingly<br />

less serious, but nevertheless important, incidents. However, if common terminology and taxonomies<br />

can be agreed for the storage of investigation data, this would go some way toward overcoming the disadvantages<br />

of differences in the method. It has already been suggested in this chapter that data can be<br />

viewed as varying in quality depending on the manner in which they are collected and by whom. With<br />

the improved liaison between the investigation bodies, resulting in easier and frequent data transfer<br />

among them, the fact that not all data are regarded as “equal” and that, ideally, the sources of data are<br />

specified when data transfer occurs, will be important.<br />

28.5 Open Reporting<br />

The raison d’etre of any investigation should be the better understanding of causality with a view to<br />

future improvements and the prevention of similar occurrences. Fundamental to this is the existence<br />

of a fair and open reporting culture; i.e., a system in which those involved in aviation can report issues<br />

of concern without the fear or risk of being punished for admitting genuine errors. Such a system is not<br />

easy to achieve, but once in place, is all too easy to destroy. The current trend toward “criminalizing”<br />

the investigative process is guaranteed to destroy any faith that individuals may have that they will be<br />

fairly treated. A recent occurrence in Japan is a case in point (Takeda, 2004). On January 31, 2001 there<br />

was a near mid-air collision in Japanese airspace between a JAL B747 and DC10. The investigation was<br />

conducted by the Aircraft and Railway Accident Investigation Commission who published their report<br />

on July 12, 2002. By May 7, 2003, the Tokyo Metropolitan Police Dept. had opened a criminal case and<br />

the occurrence report was passed to the prosecutors, contrary to ICAO stipulations (Annex 13). Despite<br />

the fact that there were a number of contributory <strong>factors</strong> in the occurrence, including the pilot of one<br />

of the aircraft failing to follow a TCAS Resolution Advisory (RA), on March 30, 2004 the two controllers<br />

on duty at the time of the incident (one a trainee) were charged with professional negligence.<br />

This is not an isolated occurrence. Similar criminalization has occurred in Italy with respect to the<br />

Linate accident, and also in France and Holland. The aftermath of a serious incident or accident is often<br />

accompanied by a wish to find someone to blame, as clearly demonstrated by the tragic death of the controller<br />

involved in the Ueberlingen mid-air; however, while criminal proceedings may satisfy the desire<br />

of an organization or the public to attribute blame, they do nothing to further the cause of air safety and,<br />

in fact, do a great deal of harm when they threaten or, indeed, eradicate open reporting.<br />

28.6 Investigation Framework<br />

It is important during an investigation that care is taken to ensure that no relevant information is overlooked<br />

in the data-gathering process. For this reason, it is sometimes proposed that investigators adopt<br />

a particular model as an investigative framework. Many of these are not models in the accepted sense of<br />

the term, i.e., they have little or no predictive capability and are, at best, a set of guidelines which can be<br />

used to inform the investigative process. In fact, they tend to represent explicit statements of the good<br />

practice that any investigator worth the name should be utilizing. Models may serve as a structure in<br />

which the nonspecialist can collect data. However, it could be argued that they have only limited utility<br />

in the most important aspects of investigation—namely the evaluation, prioritization, and interpretation<br />

of the data. It is in these areas where the specialist investigator comes into his or her own.<br />

The problem of bias has already been mentioned from the perspective of the reporter. However, investigators<br />

can have biases too and it is essential that he or she is aware of the danger of bringing a biased<br />

approach to a particular investigation or set of circumstances, as well as forming hypotheses before<br />

the relevant data have been sifted and analyzed. The decisions as to what data are relevant in the causal<br />

chain and what can be safely left out of the equation are an exercise of judgment that forms one of the<br />

most important aspects of the investigation process. Any specialist may tend to see things in terms of his<br />

or her own field of specialization and interpret the data accordingly.

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