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With the adoption of the postulate "culture of honesty in Swiss law" (20.3463) by the Federal Council, Swiss aviation has the opportunity to strengthen and improve safety. By adapting the legal framework to today's circumstances, errors in the high reliability organizations in aviation can be avoided proactively and in a relevant manner. This is done by learning from past mistakes. In risky and highly complex systems, this approach not only maintains security, but also guarantees it. It requires a culture of honesty based on trust (just culture), which strives for an objective weighing of interests between security on the one hand and the demands for proper administration of justice on the other.

Current legislation obliges organizations in Swiss aviation to apply the principles of a culture of honesty. It also imposes a reporting obligation on various actors. However, it also guarantees the protection of the respective source of information by maintaining confidentiality. This is insofar as work errors (honest mistakes) are present, but not intentional or grossly negligent actions.

Likewise, sensitive information that the Safety Investigation Board (SAIB) collects or otherwise receives as part of investigations is protected by law and may not be made available for other purposes.

In both cases, the protection of the information source serves to maintain - or ideally increase - the willingness to report and provide information. This is the only way to find out as much as possible about the causes of the previous incident or accident. This applies in particular to systemic contexts. Any reluctance to provide information, which is associated with fear of disciplinary or criminal consequences, prevents the cause from being found. This in turn prevents the system from learning and errors being avoided.

However, according to current legislation, if an incident or accident is not only dealt with within the company but is investigated under criminal law, the protection of the information source in safety investigations can no longer be maintained. This in turn implies the problem of potential self-blame. The current Swiss law therefore undermines the willingness of those affected to report or make statements and thus also weakens the efforts of Swiss aviation organizations to achieve the highest possible level of security.

Just Culture is not about general impunity. Unacceptable behavior such as intentional or grossly negligent action should continue to be sanctioned in the high-risk environment of aviation. Rather, it is about implementing legal regulations and mechanisms that allow the authorities to weigh up the interests of society in a transparent manner. In its efforts to ensure both public safety and criminal prosecution with sanctions, the state is confronted with a conflict of objectives that it should be able to resolve in individual cases. In the future, however, the adverse effects on security caused by criminal prosecution should always be weighed transparently against the advantages of criminal proceedings. AEROSUISSE recommends that the authorities concerned and members of parliament take into account the concerns of Swiss aviation set out in this position paper in their efforts to further legal developments.

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