Risk! Engineers Talk Governance

Safety Culture (Revisited)

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 than striving for a generative safety culture. They note that the transition from a bureaucratic, rule-based approach to a proactive, thinking-based approach is challenging, and caution the use of AI, which can lead to a lack of critical thinking. They end with how organisations should aspire to a generative safety culture, even though it may be an aspirational goal, and highlight the need for clear commitment to safety at all levels of the organisation, rather than just from Board level.   For further information on Richard and Gaye’s consulting work with R2A, head to https://www.r2a.com.au, where you’ll also find their booklets (store) and a sign-up for their quarterly newsletter to keep informed of their latest news and events. Gaye is also founder of Australian women’s safety workwear company Apto PPE https://www.aptoppe.com.au.

Could vs Should in Workplace Safety

In this episode of Risk! Engineers Talk Governance, due diligence engineers Richard Robinson and Gaye Francis discuss Could vs Should in Workplace Safety. (Thanks Nick for your email, case reference and questions.) They explore the critical distinction between what "could" have been done versus what "should" have been done in workplace safety, sparked by the SKM Services case against Magistrates Courts of Victoria, and discuss how experts often use hindsight to determine what could have prevented an incident, whereas courts must assess what was reasonably practicable with the knowledge available at the time. Key take-aways include: * The danger of hindsight bias in safety assessments * Why documenting decisions not to implement controls is crucial * The importance of collaborative risk assessment workshops over single-person sign-offs * How due diligence protects both engineers and directors from liability * Why safety decisions must be regularly reviewed as technology and circumstances change Richard and Gaye reiterate that while you can't always be right, you can always be diligent—and proper documentation of your decision-making process at the time is your best defence if something goes wrong. Article reference for SKM Services Pty Ltd v Magistrates' Court of Victoria & Anor [2019] VSC-460: https://www.claytonutz.com/insights/2019/august/court-clarifies-the-meaning-of-reasonable-practicability-in-ohs-after-finding-a-magistrate-has-misstated-the-test [https://www.claytonutz.com/insights/2019/august/court-clarifies-the-meaning-of-reasonable-practicability-in-ohs-after-finding-a-magistrate-has-misstated-the-test]   For further information on Richard and Gaye’s consulting work with R2A, head to https://www.r2a.com.au, where you’ll also find their booklets (store) and a sign-up for their quarterly newsletter to keep informed of their latest news and events. Gaye is also founder of Australian women’s safety workwear company Apto PPE https://www.aptoppe.com.au.

Safety & Planning Law Complications

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 and Safety (WHS) legislation doesn't always take precedence in planning decisions, despite common assumptions, and how this creates significant complications for professionals trying to ensure safe outcomes.   For further information on Richard and Gaye’s consulting work with R2A, head to https://www.r2a.com.au, where you’ll also find their booklets (store) and a sign-up for their quarterly newsletter to keep informed of their latest news and events. Gaye is also founder of Australian women’s safety workwear company Apto PPE https://www.aptoppe.com.au.

Safe Work Australia's Best Practice Review of Model WHS Act & Regulations

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. * Inconsistencies in how the WHS legislation is implemented across different jurisdictions. * Misalignment between WHS legislation and planning laws, creating challenges in integrating safety considerations early in the design process. The discussion highlights the need for greater clarity and consistency in the legal framework governing workplace health and safety, to ensure effective implementation, especially for designers and engineers. More information on the review is available at https://consult.swa.gov.au/best-practice-review [https://consult.swa.gov.au/best-practice-review]. Submissions close 3 November 2025.   Tickets are (currently) available for our Live Forum on 21 October 2025 “Preventing Criminal Manslaughter – Understanding & Implementing SFAIRP” via https://www.eventbrite.com.au/e/preventing-criminal-manslaughter-understanding-implementing-sfairp-tickets-1653602251849.   For further information on Richard and Gaye’s consulting work with R2A, head to https://www.r2a.com.au, where you’ll also find their booklets (store) and a sign-up for their quarterly newsletter to keep informed of their latest news and events.   Gaye is also founder of Australian women’s safety workwear company Apto PPE https://www.aptoppe.com.au.

Rail Safety National Law Pressures & the SFAIRP Approach

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 Practicable) approach and what it means for operators * How regulators assess safety cases as a "license-to-trade" rather than sign-off approval * Why documenting decisions—especially what you've chosen not to do—is crucial * The importance of living documents and regularly revisiting safety governance * Aligning legal, design, and commercial pressures through proper due diligence They finish by stating that while the regulatory landscape is complex, the due diligence process itself is straightforward: maintain robust governance, engage the right stakeholders, document your reasoning, and keep processes current as circumstances change.   If you’d like to meet Richard & Gaye live, tickets are available (in Melbourne & online) for their Live Forum on 21 October 2025 “Preventing Criminal Manslaughter – Understanding & Implementing SFAIRP” can be found via https://www.eventbrite.com.au/e/preventing-criminal-manslaughter-understanding-implementing-sfairp-tickets-1653602251849. For further information on Richard and Gaye’s consulting work with R2A, head to https://www.r2a.com.au, where you’ll also find their booklets (store) and a sign-up for their quarterly newsletter to keep informed of their latest news and events. Gaye is also founder of Australian women’s safety workwear company Apto PPE https://www.aptoppe.com.au.