Who within Just Culture decides whether behavior was acceptable?
Not one impulsive manager, but a pre-agreed and verifiable process.
The organization determines in advance who assesses behavior, according to which criteria and with what possibility of contradiction or reconsideration. Depending on the severity, a manager, safety officer, HR, subject matter expert, employee representation or an independent committee may be involved. Legal questions belong to someone with appropriate expertise.
The assessors not only look at the outcome, but at foreseeability, intention, knowledge, training, available alternatives and the circumstances at the time of action. A serious outcome does not in itself prove reckless behavior; a good outcome does not make consciously dangerous behavior acceptable.