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  Minimising Contractor Risk
 

Price: 3750 €

 
 
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A leading edge course designed to give pro-active managers a "heads-up" on changes to the way risk is managed within the law

Creating a Systematic Method for Managing Liabilities in Contracts, Safety & the Legal Interface

A pragmatic examination of how to manage EHS issues with key stakeholders specifically contractors & contracted staff, to help busy managers deal with the numerous traps & liabilities associated with the changing Australian workforce

What Delegates Liked & Learnt!

"Useful information (relevant and current)"
Senior OHS & E Advisor, Laing O'Rourke

"It was a real eye opener in realising the extent of safety/law"
Karratha Workshop Supervisor, Emeco

"Very informative, opened my mindset on legal issues associated within my industry"
Maintenance Supervisor, Emeco

"The course was well researched and informative"
Safety and Training Manager, Broome International Airport

 
  Course Objectives
  • An update in the changes in law surrounding contractors

  • How to manage contractor liabilities as a principle

  • Provide a scientific basis for managing contractor safety

  • Examine the new contractor legislation, and how to stay out of gaol

  • Measure risk performance (incl. EH&S) and managing it

  • Determine if a contractor EHS system is adequate and if not, how to improve it

  • The ‘other side of the fence’ – what contracting companies need to understand toensure they are managing their contract risks

  •  
      About the Course
    This course is based on how to manage the changing nature of, and the number of liability issues arising from the use of contracts for services from both individuals and the corporation as a whole.

    It examines the issues of contractor control in a project management setting, reporting requirements, conditions of contract, contract oversight, and the application of standards.

    ** A recent High Court ruling - Coote v Forestry will be examined, and the implications for owners and clients hiring contractors described.

    This course will also examine the ‘other side of the fence’ – what contracting companies need to understand to ensure they are managing the risks associated with their contracts. The emergence of the precautionary principle into safety law will be discussed, and what this means to both sides of the contract table.

    This course is leading edge, and is designed to give pro-active managers a “heads-up” on impending changes to the way in which risk is managed within the law in Australia. There have been a number of significant changes in the last few months, and these will flow down into everyday impacts on contracting parties.

    Suggestions are made on how to best manage these changes, and what sort of information executive managers will now require to meet their standard of care responsibilities.

    Case studies will be discussed and examined throughout this course and participants will be encouraged to share experiences and network solutions to issues.


    Who Should Attend
    • General Managers, Directors

    • Finance Controllers

    • Managers

    • Business Unit Managers

    • Project Managers

    • EHS Professionals

    • OH & S Managers

    • Risk Managers

     
      Course Outlines

    Course Details

    Course Registration:          8:15am
    Course Commencement:    8:30am
    Course Conclusion:            5:00pm

    Break Times:
    Customised to suit participant requirements

    Explanation of Timings:
    These times act as a guide and may modify slightly depending on the depth of interactive class discussion and whether assessments are being conducted

    Course Program:
    This program is a guide and may alter to better address participant requirements on a consensus basis

    Session 1:
    The New World of Risk Management
    • Risk definitions

    • Risk identification

    • Case law

    • Liabilities

    • Contracting out and liability – history and success

    Session 2:
    Risk Management

    • Risk evaluation

    • Risk mitigation strategies

    Session 3: – CASE STUDY
    Examining the Groundbreaking High Court Ruling - Coote v Forestry & the Impact on Contracted Relationships


     

    Session 4:
    Definition of Contractors & The People Issues

    • Impact of Human Resources decisions

    • Case study in engagement of staff

    • Casual workers

    • Part time workers

    • Contracted staff - definition and payment

    • General Conditions of Contract

    • Contractors as creditors

    Session 5 – CASE EXAMINATION
    The Independent Contractors Act – Examining Contract
    Conditions & the New Industrial Order

    • Overview of the key changes to the Act

    • Interpreting conditions

    Session 6:
    Measuring Contractor Risk

    • Tradition measures - the LTIFR lost time injury frequency rate and derivatives

    • Lead indicators

    • Total Cost of Risk, Notional Cost of Risk, Annualised Cost of Risk

    • Why measuring injuries is not optimal

    Session 7:
    Examining the Legal Implications of Contractor EHS Issues
    • Duty or Standard of Care

    • Vicarious liability

    • Getting insurance right

    Session 8:
    The Precautionary Principle Applied to OHS

    • History of the precautionary principle

    • The various tests for the precautionary principle

    • Comparing Duty of Care and the precautionary principle

    • Making changes to incorporate the precautionary principle into safety laws

    Session 9:
    Management Information

    • What needs to be measured?

    • Understanding and calling reports

    • Comparative analysis

    • Role of human injury as a guide

    • Financial imposts

    Session 10:
    Contractor & Owner Responsibilities

    • Understanding authority, delegation, and responsibility

    • Guarding the guards

    • Is the information you are getting competent, and how do you know?

    Session 11:
    Summary, Case Examples & Take Aways

     
      About the Course Director
    David Skegg

    David Skegg is the Director of Risk Engineering and Safety Solutions at SEMF Pty Ltd, a significant multi-disciplinary engineering consultancy.

    He has over 30 years of experience as a consultant in the management of risk, with particular application to occupational and public health and safety. His consulting assignments have included work in a wide range of industries, including forestry, electricity generation, mining, oil and mineral processing, government, pharmaceuticals and manufacturing.

    David is an experienced leader of educational group activities and is highly regarded for his practical approach and his ability to involve and motivate participants. He has wide experience in successfully communicating with people at all levels in industry, from operators to board level. His engaging approach has led to him leading regular discussion on community and occupational health and safety issues on national radio in Australia.

    David has formal post graduate qualifications in occupational hazard management. He has attended numerous developmental courses including lateral thinking, Melbourne University Business School and the American Management Association. He is a Diploma Course presenter for the Australian Institute of Company Directors. He has been an occupational first aid instructor and senior examiner, as well as Secretary (Training Branch) of the St John Ambulance organisation.

    David is a Fellow of the Institute of Company Directors, a Chartered Fellow of the Safety Institute of Australia, a member of the International Commission on Occupational Health, adviser to the Regional Director of the World Health Organisation, a member of the Australian Institute of Risk Management and currently National President of the Safety Institute of Australia.
     

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