Claim OwnershipRisk! Engineers Talk Governance
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Description
Due Diligence and Risk Engineers Richard Robinson and Gaye Francis discuss governance in an engineering context.
Richard & Gaye are co-directors at R2A and have seen the risk business industry become very complex. The OHS/WHS 'business', in particular, has turned into an industry, that appears to be costing an awful lot of organisations an awful lot of money for very little result.
Richard & Gaye's point of difference is that they come from the Common Law viewpoint of what would be expected to be done in the event that something happens. Which is very, very different from just applying the risk management standard (for example).
They combine common law and risk management to come to a due diligence process to make organisations look at what their risk issues are and, more importantly, what they have to have in place to manage these things.
Due diligence is a governance exercise. You can't always be right, but what the courts demand of you is that you're always diligent
60 Episodes
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In this episode of Risk! Engineers Talk Governance, due diligence engineers Richard Robinson and Gaye Francis discuss Formal Safety Assessments. Key highlights include: A Formal Safety Assessment (FSA) is meant to provide a logical and reasoned argument that can withstand legal scrutiny.Formal Safety Assessments should identify the critical issues of concern, the current controls in place, and the further practical controls that could be considered, as well as the reasoning for implemen...
In this episode of Risk! Engineers Talk Governance, due diligence engineers Richard Robinson and Gaye Francis revisit the topic of Safety Culture. They review the work of Professor Patrick Hudson, who identified five levels of safety culture, from pathological (who cares as long as we're not caught) to generative (safety is how we do business around here). Richard and Gaye observe that many organisations tend to be more reactive, focusing on implementing controls after incidents occur, rather...
In this episode of Risk! Engineers Talk Governance, due diligence engineers Richard Robinson and Gaye Francis discuss the complications of Safety Legislation & Planning Law. Drawing on their extensive experience across multiple Australian jurisdictions—including Victoria, New South Wales, Queensland, and federal government projects—Richard and Gaye discuss the challenges engineers and designers face when navigating competing legislative requirements. They examine why Work Health an...
In this episode of Risk! Engineers Talk Governance, due diligence engineers Richard Robinson and Gaye Francis discuss Safe Work Australia's review of the model Work Health and Safety (WHS) Act & Regulations, and R2A’s submission response. Key points include: Contradictions between the WHS legislation, regulations, and common law requirements, particularly for designers and engineers. Concerns around the hierarchy of controls and how they are interpreted by regulators.Inconsist...
In this episode of Risk! Engineers Talk Governance, due diligence engineers Richard Robinson and Gaye Francis answer a listener’s question on the Pressures of Rail Safety National Law and the SFAIRP Approach. They explain how WHS/OHS legislation takes precedence over the Rail Safety National Law, clarify the "no double jeopardy" principle, and discuss how Australia's federal system led to harmonised rail safety legislation. Their discussion also covers: The SFAIRP (So Far As Is Reasonably Pra...
In this first episode of Season 6 of Risk! Engineers Talk Governance, due diligence engineers Richard Robinson and Gaye Francis discuss the pressures and complexities different stakeholders are having with SFAIRP They follow on from the theme of Season 5, “Difficult Conversations Engineers Need to Have”, how it generated discussions and comments, and determined holding an in person event with speakers from different perspectives and professional backgrounds - a lawyer, an architect, and two e...
In this special episode of Risk! Engineers Talk Governance, due diligence engineers Richard Robinson and Gaye Francis preview their upcoming live forum event on "Preventing Criminal Manslaughter - Understanding & Implementing SFAIRP (So Far As Reasonably Practicable)". The event will feature presentations from a lawyer, Joseph Coleiro, and an architect, Dr. Frank Stoks, along with the hosts Richard Robinson and Gaye Francis, with the focus on exploring the legal obligations and prac...
In this final episode of Season 5, due diligence engineers Richard Robinson and Gaye Francis conclude their theme of difficult conversations engineers need to have as well as discuss Engineering for Communities. They explore how engineering should focus on improving rather than maintaining the status quo, and the concerning trend of engineers being sidelined in critical decision-making processes. The discussion includes: How councils and planning decisions have become "de-engineered"The...
In this episode of "Risk! Engineers Talk Governance," due diligence engineers Richard Robinson and Gaye Francis revisit the fundamentals of engineering due diligence in response to listener feedback about confusion between risk, assurance and diligence. The discussion covers how R2A became specialised in due diligence engineering through their expert witness work, where they learned that due diligence serves as a defense against negligence with two key components: having reasonable control in...
In this episode of Risk! Engineers Talk Governance, due diligence engineers Richard Robinson and Gaye Francis tackle the growing problem of organisational silos and their impact on due diligence and explore how siloed thinking undermines efforts across various domains—from safety, projects and regulatory compliance. Drawing from decades of industry experience, Richard traces the evolution of risk engineering. They then discuss the need for integrating expertise across the entire organisation ...
In this episode of Risk! Engineers Talk Governance, due diligence engineers Richard Robinson and Gaye Francis discuss why effective due diligence arguments need to be relevant, reasoned, and concise. They share their frustrations with overly complex safety documentation that fails to deliver clear, defensible arguments, and explain why safety cases should be brief yet comprehensive enough to stand up to legal scrutiny. Drawing from their extensive experience as expert witnesses an...
In this episode, of Risk! Engineers Talk Governance, due diligence engineers Richard Robinson and Gaye Francis revisit the distinction between SFAIRP (So Far As Is Reasonably Practicable) and Target Levels of Risk and Safety. They explain how target levels of risk continue to be problematic in engineering despite being legally unsupportable under WHS/OHS legislation and share examples of regulators and engineers still using outdated approaches and discuss why this confusion persists, p...
In this episode of Risk! Engineers Talk Governance, due diligence engineering experts Richard Robinson and Gaye Francis discuss why Standards are not the solution. They explore why following Standards can be problematic, outlining key issues: 1. Using Standards out of context; 2. There’s no explanation for rationales; 3. They don’t cover all things; and 4. They are often lagging indicators. They share a n...
In this episode of "Risk! Engineers Talk Governance," due diligence engineers Richard Robinson and Gaye Francis discuss Insurance Criteria and its history and modern relevance, particularly focusing on the Highly Protected Risk (HPR) engineering process. Richard shares his experience training with Factory Mutual in the US and explains how the HPR approach originated in the 1840s with Zacharia Allen, a cotton mill owner who re-engineered his facility to minimise fire risks. When his insurance ...
In this episode of Risk! Engineers Talk Governance, due diligence engineers Richard Robinson and Gaye Francis this season’s theme of "Difficult Conversations Engineers Need to Have About Risk". Key discussion points include: Risk is multidimensional. Risk covers a big domain that has lead to confusion.There are three different types of risk, but R2A’s focus is typically on safety risk and project risk – downside risk.Commercial industry like to focus on upside, downside risk (risk ...
In this first episode of Season 5 of Risk! Engineers Talk Governance, due diligence engineers Richard Robinson and Gaye Francis provide an overview of their new booklet "Risk Management and Negligence - Due Diligence Essentials for Engineers". They discuss the importance of engineers to understand their responsibilities around risk management and due diligence, and the need to communicate this effectively to senior decision-makers. The booklet covers: You can’t always be right but...
In the final episode of Season 4 of Risk! Engineers Talk Governance, due diligence engineers Richard Robinson and Gaye Francis wrap up the key theme of the season of due diligence as a governance process. They also provide another industry example in Dam Safety, and discuss the relevance of WHS/OHS legislation and the state of prosecutions. Key take-aways include: The due diligence process is a governance process that focuses on high consequence, low likelihood events rather than risk...
In this episode of Risk! Engineers Talk Governance, due diligence engineers Richard Robinson and Gaye Francis discuss due diligence for bushfires. Richard has been involved in advising on bushfire risk and controls since Ash Wednesday in 1984, while both Richard and Gaye as R2A were involved with bushfire assessments post Black Saturday in 2009. Their discussion highlights: Bushfire season is getting longer, and the ability to prepare for it is getting shorter. Volunteer firefighters a...
In this episode of Risk! Engineers Talk Governance, due diligence engineers Richard Robinson and Gaye Francis discuss due diligence in the electrical and power industry. They discuss due diligence and risk management considerations in the sector, with examples that focus on renewable energy sources like wind turbines and the potential role of nuclear power in Australia's energy mix. Key points include: The need to carefully assess and document the safety and emergency protocols even for fores...
In this episode of Risk! Engineers Talk Governance, due diligence engineers Richard Robinson and Gaye Francis discuss the obligations for engineers under the WHS legislation (OHS Act in Victoria) and understanding the importance of their role if things go wrong. They discuss the fact that Work Health and Safety (WHS) legislation is the overarching legislation in Australia that must guide engineering design and decision-making, and their surprise at this lack of awareness and how many still (w...
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