Moment of Reliance: A Governance Test — Why Safety Must Be Provable When It Is Relied Upon

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Authors: Paul Mincher
Cited by: 19

Abstract

DescriptionThis paper defines the concept of the moment of reliance as a governance test in safety-critical systems.The moment of reliance is the point at which a decision-maker, operator, occupant, regulator, or emergency responder must rely on a system’s safety claims to make a consequential decision. In governance terms, this is the only moment that matters. Safety is either provable at that point, or it is not.Across law, regulation, and safety-critical engineering, assurance regimes typically rely on historic certification, design intent, or procedural compliance as proxies for present-state safety. This paper explains why such proxies fail at the moment of reliance, and why post-incident reconstruction cannot satisfy governance, legal, or accountability requirements.The paper draws on cross-sector patterns from building safety, fire safety, infrastructure, healthcare, and complex socio-technical systems to show that evidence is routinely inferred after harm has occurred, rather than being available contemporaneously when reliance was required.No technologies, architectures, or remediation frameworks are proposed. The purpose of this paper is to establish a neutral governance definition, clarify evidentiary requirements, and explain why current assurance models cannot meet them.This document is intended as a reference for regulators, policymakers, insurers, legal practitioners, and safety governance researchers examining evidentiary sufficiency at the point of decision.

Publication details

Journal / source
Zenodo (CERN European Organization for Nuclear Research)
Publication date
18 January 2026