The problem with the vast majority of companies, who all claim to have a non punitive reporting system, is what What Limits says:
b. Should investigation of a report reveal negligence or wilful violation of regulations, policy or procedures, employees may be disciplined in accordance with company policy
'the hell is "negligence" and "willful violation"?
Negligence is actually a legal term – not a Human Factors term at all. It encompasses such things as:
- Standard of practice
- Skillfulness
- Prudence
- Reasonable care
- Foreseability of harm
etcetera...
So – it is not a definition at all: It is a series judgement calls, and thus this term does not belong in any Operations Manual!
Somebody will have to make those judgement calls. These calls are, of course, all made after the fact, in a warm conference room with plenty of time, coffee and lawyers. The big Q is really NOT where does the "line" between acceptable and unacceptable performance go – the real Q is ”Who gets to say” where that line goes? Who do we give the power to draw that line? As long as employees are not able to influence this decision, and it is always (by default) the Chief Pilot or some other pencil pusher / brown noser who does it, a non-punitive system will never be truly non-punitive.
One can never know whether some guy higher up in the hierarchy suddenly decides that you were "negligent".
I always choose my words wisely when (or, rather, IF) I submit a report in our reporting system. I also sometimes choose not to submit any report at all, because I know who really gets to draw the lines in our company. Sad but true...