OCCUPATIONAL SAFETY & HEALTH (OSH) LAW DAY. accountability, liability and responsibility 19 FEBRUARY 2009

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1 OCCUPATIONAL SAFETY & HEALTH (OSH) LAW DAY MATILDA BAY FUNCTION CENTRE 3 Hackett Drive CRAWLEY

2 A warm welcome from the Safety Institute of Australia. Safety is gaining an increasing prominence in corporate management in modern society. Daily media reports highlight increasing community expectations for maintaining the life and health and physical fitness of persons in the workplace. This event heralds the initiation of a program of high level learning seminars to be run during These seminars are targeted specifically at broadening the understanding and application of OSH law by corporate and company executives. Subjects covered will include accountability, liability and responsibility of executive management and the associated administration of safety and health related law as it is applied in Western Australia and including reference to national and international trends. Places are limited so book early to avoid disappointment CONFERENCE PROGRAM TIME SUBJECT SPEAKER 8.00 Registration & Coffee 8.30 Welcome by Safety Institute of Western Australia Gavin Waugh 8.45 Corporate Manslaugher! Where is this taking us? Gerard Forlin UK/Hong Kong 9.30 Three defences to protect your organization from a David Skews Singapore Corporate Manslaugher Investigation Personal Liability A discussion of developments in OHS law regarding the liability of officers and Nicholas Ellery Corrs Chambers Westgarth managers of companies, and ways to protect your personal position MORNING TEA The Harmonization of Federal Safety Legislation. The Case for a Safety Case Approach to Mining in WA. Duncan Fletcher Mallesons Stephen Jacques The Powers of Safety Regulators in Western Australia Guy French DLA Phillips Fox and How Best to Deal with Them LUNCH 1.45 Dealing with Contractors and the Liability for Safety of Maria Saraceni Deacons not only the Direct Employer but also the Principal 2.30 Personal Liability When Things Go Wrong Gregg McCann Sparke Helmore 3.15 AFTERNOON TEA 3.45 Using Technology to Build a Safety Culture/Meeting the legal obligations associated with safety can create challenges for business, including changing organizational cultures to drive accountability across all individuals in the business. The deployment of technology can assist in responding to these challenges by: Heather Smith CGU Insurance/Sydney - Decentralising accountability for Risk - Increasing efficiency - Providing consistent, up to date information 4.30 Summary & Conclusion 5.00 Networking Drinks

3 GERARD FORLIN Barrister, London UK SAFETY INSTITUTE OF AUSTRALIA (Inc.) SPEAKERS Corporate Manslaughter where is this taking us? What are the consequences of corporate manslaughter for both the organisation and directors if it is not taken seriously? What are the advantages of doing it right? Hear some recent examples from the UK experience that can form a blueprint for the future in Australia. DAVID SKEWS David has worked in the area of Health and Safety for more than 18 years and over this time has established a strong reputation in the industry. In 1989, David established EDP Health Safety & Environment Consultants and is currently the Executive Chairman of EDP Singapore Pte. Ltd and CEO of EDP UK Ltd. David has presented to Governments and Blue Chip organisations, in the UK, Europe, Middle East, Africa (EMEA) and now in Asia Three defences to protect your Organisation from a Corporate Manslaughter investigation This short talk will address three key defences (Due Diligence) that a company needs to develop in order to help defend a Corporate Manslaughter investigation. Specifically, 1. How do we build and maintain an appropriate Safety Management System. What would that actually look like using case studies and examples. 2. How do we develop and maintain a changing safety culture/climate that focuses on NO accidents and NO incidents through behavioural based programs. 3. How do I keep it going when priorities collide and environments change. At the end of the talk delegates will take away a management action plan and support tools to execute the plan. NICK ELLERY Nick Ellery has been a partner since 2001 in the Workplace Relations and Litigation team at Corrs Chambers Westgarth and has practised in Victoria, Queensland and the Northern Territory and Western Australia. Nick has practised extensively in the safety field, representing clients in the mining, oil & gas, maritime, manufacturing, construction and health industries. Nick has led investigations into workplace fatalities and other serious incidents, appeared as counsel to defend companies prosecuted under OHS laws, represented parties in coronial inquests, and conducted workplace training for managers and supervisors on their obligations under safety laws. He also advises parties on common law claims for compensation arising in such cases. Nick also practises in the related areas of environment, industrial relations and employment." Personal Liability - This discussion highlights OHS law developments around the liability of officers and managers of companies and ways to protect their personal positions. This session will focus on the statutory offences and the approach of government regulators to prosecution of individuals. DUNCAN FLETCHER Duncan is a senior associate with Mallesons Stephen Jaques specialising in workplace and employment relations law and strategy including equal opportunity and occupational health and safety for more than 10 years. Duncan has advised a number of mining, construction, industrial, energy and service companies in New South Wales and Western Australia.

4 The Harmonization of Federal Safety Legislation - The Case for a Safety Case Approach to Mining in WA This session will look at the implications of proposed Federal Safety Legislation for WA workplaces. Will harmonization present challenges or create new opportunities? In the context of harmonization is it time to throw away the rule book and try something new? Safety cases work well in parts of WA so why not a national approach. GUY FRENCH A solicitor over 26 years involved in occupational health and safety litigation, Coroner's Courts representation and significant incident investigations for large companies in the Transport and mining industries. Guy has also advised on the development of crisis management systems. In addition to being a lawyer Guy is a journalist having worked with both the West Australian Newspaper and the ABC in Perth. "The powers of safety regulators in Western Australia and how best to deal with them." MARIA SARACENI Maria practices in workplace relations and Occupational Safety and Health and heads Deacons health and safety group in Western Australia. Maria has also represented employers before the OSH Tribunal in challenging Improvement and Prohibition Notices issued by WorkSafe, coronial inquests in the Coroner s Court and in defending WorkSafe prosecutions in the Magistrate s Court (Criminal Division) and appeals in superior courts Dealing with Contractors and the Liability for Safety of not only the Direct Employer but also the Principal Contractor management encompasses many areas but it is particularly difficult in relation to occupational safety and health matters. This is because the issue of "control' may be spelled out in the overarching contract but the OSH responsibilities that flow from the relationship between Principal and Contractor have not been clearly thought through. Only when an issue arises do the parties turn their mind to OSH Management Systems; Minutes of Safety Committees; Safe Operating Procedures (and the inter-relationship between those of the Principal and those of the Contractor)o; incident investigations; claim for client privilege (or common interest privilege). This presentation will look not only at the current legal position but also that proposed under the harmonisation review and will also provide some practical tips and traps on how to deal with these matters. GREG MCCANN Greg is the Perth partner at Sparke Helmore Lawyers in the Workplace Group and for a number of years has been the head of the firm's Occupational Health and Safety Group. He has considerable experience in the conduct of occupational health and safety cases and providing advice to a number of national clients to safely manage their operations. Before joining Sparke Helmore, Greg was the Principal Lawyer for WorkCover's OHS Legal Branch for NSW and before this a Senior Police Prosecutor with the NSW Police Service. Personal Liability - When things go wrong This session will review the cases taken against directors and managers from Australian jurisdictions and discuss strategies for individuals to meet the higher standards from the emerging new national safety laws in Australia. HEATHER SMITH Heather Smith is the National Manager for the Safety and Risk Services team at CGU Workers Compensation. With extensive experience in Workers Compensation and risk management Heather has held senior OHS, HR and risk management roles both as an insurer, consultant and employer. She understands the challenges faced by businesses in managing the cost of risk, and can demonstrate the business benefits that can be achieved through implementing successful risk management initiatives. Heather has practical experience in implementing improvement programs that enable organisations to demonstrate ongoing performance improvement and has integrated these programs into HR, compliance and other operational initiatives Using Technology to Build a Safety Culture Meeting the legal obligations associated with safety can create challenges for business, including changing organisational cultures to drive accountability across all individuals in the business. The deployment of technology can assist in responding to these challenges by: - Decentralising accountability for Risk - Increasing efficiency - Providing consistent, up to date information This session will discuss approaches to implementation and the opportunities this can create.

5 WHEN: Thursday, 19 th February 2009 WHERE: TIME: Matilda Bay Function Centre 8.00 am Registration & Coffee COST: SIA Members: $ (GST Incl) Non-Members: $ (GST Incl). (includes complimentary SIAWA Membership) Discount: Book a table of 8, pay for 7 (12.5% discount) Early Bird: Book and pay before 30 th January and get 15% discount Legal Practice Board of WA CPD Points for this event are being applied for. NB: The person registering for the above course will be held responsible for the payment. CANCELLATION POLICY: All cancellations are subject to 72 hours notice before the event as numbers for catering are required to be confirmed with the venue 72 hours prior to the event. TAX INVOICE ABN: To: The Executive Officer SIA WA PO Box 8463, Perth Business Centre WA 6849 Tel: (08) Fax: (08) Please Reserve Place(s) for "Occupational Safety & Health (OSH) Law Day 19 th February, 2009 Members Surname Given Name Yes No Surname Given Name Yes No Company/Organisation Telephone: Postal Address Facsimile: Please supply Names & Company Name of attendees for table booking of 8 below: Name Company Cheque for $ enclosed. PLEASE CHARGE Visa Mastercard EXPIRY DATE / / CARD NO NAME ON CARD: SIGNATURE: Payment required on the return of this registration. Invoices will not be issued. Receipt only on request. Our receipt of this form is confirmation of your acceptance. Book early to avoid disappointment