Short Courses

Criminal Manslaughter – How Not To Do It

Protect your people and the public from harm, and yourself from criminal liability by understanding how to make defensible safety due diligence decisions.
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Overview
Protect your people and the public from harm, and yourself from criminal liability by understanding how to make defensible safety due diligence decisions.

Industrial manslaughter is being written into workplace health and safety legislation. Serious consequences—including fines and gaol time—may arise when a senior decision-maker fails to put reasonable precautions in place and someone dies.

Delivered by experienced due diligence engineers, this course explains how the new provisions in WHS legislation require engineers and organisations to move from hazard-based risk management to a precautionary approach. 

Using practicable examples and relevant court decisions you’ll cover: 

  • how to demonstrate safety due diligence under the WHS/OHS legislation
  • how the SFAIRP (so far as is reasonably practicable) concept is built into legislation
  • the difference between statute and common law and how this benefits defensibility
  • the hierarchy of control as understood and used in court: elimination, precautions, mitigations
  • the legal loss-of-control point (aligning the laws of man and nature)
  • how to demonstrate the management of the laws of nature in a way that satisfies the laws of man.

The course is divided into 4 one-hour interactive sessions. You'll have access to expert advisers, so you can bring your questions to the Q&A part of each session.

By the end of the course, you'll understand the critical importance of safety due diligence—not just compliance—to avoid criminal negligence. You'll also learn how to make defensible decisions using recognised legal terminology and processes.

Details
Price
$595
EA members
$700
Non-members

EA members get 15% off on selected workshops and training. Not a member? Sign up now

Any questions?

Duration
4 hours
Location & dates
Online

15 February - 15 February

Online

3 May

Additional Information

This workshop will run during the following times:

9:00am - 1:00pm AEDT, 15 February 2022

9:00am - 1:00pm AEST, 3 May 2022

RSVP reminders

Registrations close three business days before each workshop.

We can customise this course for groups of six or more.

You choose the time, place, duration and format.

Find out how we can help you and your team by clicking on the button below to request a quote or calling us directly on +61 3 9321 1700.

Duration
Customisable
Delivery
Face to Face
Online - Live
Online - On Demand
Learning outcomes
  • Legal duties of directors to show due diligence under WHS and other legislation
  • Due diligence under common law
  • Risk management techniques to establish due diligence, and when to use them
  • Why regulatory compliance does not equal due diligence, especially for safety matters
  • How to demonstrate the laws of nature prior to the laws of man
  • How to use threat-barrier diagrams to demonstrate safety due diligence
Is this course for you?

Is this course for you?

This suits engineer and design professionals, and is particularly valuable for:

  • board members
  • senior decision-makers
  • technical advisers
Prerequisites

There are no prerequisites for this course.

Topics we'll cover

Topics we'll cover

Course content: will be divided into four sessions:

  • Legal context
  • How to demonstrate safety due diligence
  • Tools and techniques
  • Questions

Over the course of the workshop you will explore the following topics:

  • Why legal firms are adopting engineering design processes to advise their clients
  • Duty-of-care and primary defences against negligence
  • Expert witness tests: foreseeability, causation, preventability and reasonableness 
  • How the High Court of Australia determines ‘reasonableness’ 
  • Why to avoid heat maps as decision making tools
  • Why the exclusive reliance on ISO31000 for managing safety risk is a liability for most organisations and senior decision makers
  • Why ALARP is not the same as SFAIRP
Facilitator
Gaye Francis
Richard Robinson
Reviews

The course was excellent and the presenters were also very good and knew their content extremely well.

Brian, Queensland Alumina Limited

I now understand to beware of signing off and the level of responsibility expected of the engineer...

Participant

Fantastic practical examples provided by Richard and Gaye's professional experience with R2A clients demonstrating the methodologies presented during the workshop.

Participant
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