How do Whistleblowers affect transport safety under the Whistleblower Protection Directive?

Published: 
2.3.2022 22:25
How do Whistleblowers affect transport safety under the Whistleblower Protection Directive?

The provisions of Directive (EU) 2019/1937 of the European Parliament and of the Council indicate the areas covered by the regulations in which Whistleblowers may report violations. One of them is transport safety and combating irregularities that may threaten human life and health. Which transport sectors are listed in the directive? In what situations are whistleblowers protected?

Why is ensuring transport safety so important?

Transport activity isassociated with the possibility of risks for which the transport or for warding company must be prepared to ensure the highest quality and safety of the services provided. The risks associated with transport include, among others vehicle breakdown, improper securing of cargo, weather anomalies, human factors, and irregularities in the road, rail, sea, and air infrastructure.

Transport safety can be divided into several sub systems, which include:

- the safety of means oft ransport,

- safety of road / rail / sea/ air traffic participants,

- road / rail / sea / airtraffic safety,

-the safety of transported loads.

There are many ways to ensure transport safety, but recently, the European Union decided to legally regulate issues related to Whistleblowers and provide them with the necessary protection so that, acting in good faith and for the benefit of the organization, they could report violations with less fear.

Whistleblowers have the right to signal all kinds of irregularities related to transport safety, and due to the Whistleblower Protection Directive, they are legally protected against possible retaliation. Consequently, employers are required to establish internal reporting channels for all employees. The Whistleblower system is modern, safe, and consistent with the requirements of the directive method of signaling irregularities.

Which transport sectors do the Directive mention?

The 2019 Whistleblower Protection Directive mentions legal acts that relate to transport safety. All safety requirements in the railway sector are regulated by Directive (EU)2016/798 of the European Parliament and of the Council of 2016 on railway safety. As for the civil aviation sector, safety requirements are governed by the 2010 Regulation of the European Parliament and of the Council (EU) on the investigation and prevention of accidents and incidents in civil aviation. Moreover, the Directive on the protection of Whistleblowers also contains legalacts regulating the safety of the following sectors: road, sea, and inlandtransport of dangerous goods.

In what situations are Whistleblowers protected?

The Whistleblower Protection Directive was created to ensure the safety of Whistleblowers and to protect them against possible retaliation. For the existence of Whistleblowers to make sense and for them to fulfill their obligations, they must not be afraid of repercussions and retaliation by their associates. Examples of events in which the Whistleblower is protected are situations when he witnessed a breach of security or transport security and reported their regularity using an internal or external channel. Moreover, he is also safe when he has lodged a complaint and then participated in the investigation. In all these cases, the employer is obliged to ensure the protection of the confidentiality of the Whistleblower's identity, and breach of this rule will entail appropriate sanctions, such as a fine, restriction of liberty, or imprisonment for up to 3 years.

The Whistleblower is anadvanced system for handling requests that meets all legal requirements, including those relating to transport safety, and is adapted to the requirements imposed by the directive.

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