Contents

Preface

Acknowledgments

Author

Case Study: Under the Gun

Case Study: When Does a Mistake Stop Being Honest?

Chapter 1  Retributive and Restorative Just Cultures

Retributive Just Culture

Shades of Retribution

Difficulties and Fairness in Retribution

Substantive Justice

Breaking The Rules to Get More Recruits: Some Say Cheating Needed to Fill Ranks

Procedural Justice

Summarizing and Managing the Difficulties with Retributive Justice

Restorative Just Culture

Restorative Justice Steps

Who Was Hurt, and What Are His or Her Needs?

Identifying the Obligations to Meet Needs

Restoration and Forgiveness

Comparing and Contrasting Retributive and Restorative Approaches

Neither Retributive nor Restorative Justice “Lets People Off the Hook”

Retributive and Restorative Forms of Justice Deal Differently with Trust

Can Someone or Something Be Beyond Restorative Justice?

Case Study

Are All Mistakes Equal?

Technical Errors: Errors in a Role

Normative Errors: Errors of a Role

Chapter 2  Why Do Your People Break the Rules?

Labeling Theory

Violations Seen from This Bench Are Just Your Imagination

Control Theory

Learning Theory

The Bad Apple Theory

Stupid Rules and Subculture Theory

Resilience Theory

Case Study

Hindsight and Shooting Down an Airliner

The Hindsight Bias

A Normal, Technical Professional Error

A Normative, Culpable Mistake

Hindsight and Culpability

The Worse the Outcome, the More to Account For

Chapter 3  Safety Reporting and Honest Disclosure

A Few Bad Apples?

Getting People to Report

What to Report?

Keeping the Reports Coming In

Reporting to Managers or to Safety Staff?

The Successful Reporting System: Voluntary, Nonpunitive, and Protected

Voluntary

Nonpunitive

Protected

What If Reported Information Falls into the Wrong Hands?

The Difference between Disclosure and Reporting

Overlapping Obligations

The Risks of Reporting and Disclosure

The Ethical Obligation to Report or Disclose

The Risk with Disclosure

The Protection of Disclosure

What is Being Honest?

Case Study

A Nurse’s Error Became a Crime

At the Supreme Court

A Calculation Gone Awry

“Mea Culpa”

Criminal Law and Accidental Death

Rational Systems that Produce Irrational Outcomes

The Shortest Straw

Chapter 4  The Criminalization of Human Error

The First Victims

Do First Victims Believe that Justice Is Served by Putting Error on Trial?

Are Victims in It for the Money?

The Second Victim

The Prosecutor

What to Prosecute?

Safety Investigations that Sound Like Prosecutors

The Prosecutor as Truth-Finder

The Defense Lawyer

The Judge

Establishing the “Facts”

Determining Whether Laws Were Broken

Deciding Adequate Punishment

Lawmakers

The Employing Organization

The Consequences of Criminalization

Most Professionals Do Not Come to Work to Commit Crimes

Is Criminalization Bad for Safety?

But Isn’t There Anything Positive about Involving the Legal System?

Tort Liability

Without Prosecutors, There Would Be No Crime

The View from Nowhere

There Is No View from Nowhere

Judicial Proceedings and Justice

Judicial Proceedings and Safety

Summing Up the Evidence

Case Study

Industry Responses to Criminalization

Response 1: Do Nothing

Consequences

Response 2: The Volatile Safety Database

Consequences

Response 3: Formally Investigate Beyond the Period of Limitation

Consequences

Response 4: Rely on Lobbying, Prosecutorial, and Media Self-Restraint

Consequences

Response 5: Judge of Instruction

Consequences

Response 6: The Prosecutor Is Part of the Regulator

Consequences

Response 7: Disciplinary Rules within the Profession

Consequences

Chapter 5  What Is the Right Thing to Do?

Dealing with An Incident

Before Any Incident Has Even Happened

After an Incident Has Happened

Not Individuals or Systems, but Individuals in Systems

A Discretionary Space for Personal Accountability

Blame-Free Is Not Accountability-Free

Forward-Looking Accountability

Ask What Is Responsible, Not Who Is Responsible

What Is the Right Thing to Do?

What Can Ethics Tell You?

Virtue Ethics

Duty Ethics

Contract Ethics

Utilitarianism

Consequence Ethics

Golden Rule Ethics

Not Bad Practice, but Bad Relationships

Case Study

There Is Never One “True” Story

Which Perspective Do We Take?

The “Real” Story of What Happened?

Rhetoric: The Art of Persuasion

References

Index

..................Content has been hidden....................

You can't read the all page of ebook, please click here login for view all page.
Reset