17/02/2025
Rule-based & managed safety
The “Cahier” on the criminalization of deviations is now available in English
As part of its strategic analysis on rule-based safety and managed safety, Foncsi has published a “Cahier de la sécurité industrielle” (Notebook) on the criminalization of deviations from regulatory frameworks. This “Cahier” is now available in English.
On September 17, 2024, as part of its analysis on rule-based vs. managed safety, Foncsi organized a workshop on the criminalization of deviations from regulations, with the participation of:
- Aurélia Grignon, criminal lawyer and managing partner at Soulez-Larivière law firm;
- Nicolas Gombault, Deputy CEO of health insurer MACSF;
- Yannick Malinge, SVP Head of Airbus Aviation Safety ;
- Pierre-Franck Chevet, Chairman and CEO of IFP Énergies Nouvelles and former President of the ASN.
The discussions held during this workshop have been transcribed into a “Cahier de la sécurité industrielle”, which is now available in English.
The “Cahier” in English
Criminalisation of errors and deviations from procedure in criminal inquiries
Focus
In post-accident investigations, the judicial authority must assess the degree of culpability (in criminal trials) or liability (in civil trials) associated with the actions or decisions of professionals that are causally linked to damages. These actions or decisions may pertain to different phases of the lifecycle of high-risk systems: their operation, maintenance, design, manufacturing, safety audits by accredited third parties, and inspections by a safety authority.
This analysis often relies on the opinions of court-appointed experts, who evaluate the level of compliance of actions or decisions with prescribed standards (laws and regulations, operating procedures, and professional best practices, which are more or less documented depending on the sector). Generally, the judiciary tends to view culpability as greater when the deviation from the prescribed standards is more significant, treating the standards as an algorithm to be followed strictly rather than as a source of guidance, which professionals may follow to a greater or lesser extent depending on local circumstances.
Other publications on rule-based vs. managed safety
As part of its strategic analysis, Foncsi has published several works presenting the results of its research on the relationship between rule-based and managed safety. Feel free to check them out!
Another « Cahier » in English
Articulation between compliance and initiative in safety management
