The first 48 hours after a serious safety or environmental incident are the most important – but also the most demanding. Even experienced environment and safety professionals and management can find themselves and their incident response process derailed by the increased and conflicting demands and priorities – and that means the interests and safety of workers, protection of the environment and the company's legal position are at risk.
CU SAFE (Serious Accident, Fatality and Environmental Incident Response Guide) is a ground-breaking new app which helps you respond, quickly and decisively, to a serious safety or environmental incident, support your workers and meet your obligations (including reporting obligations), in all States and Territories.
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What the CU SAFE app covers
- Managing critical incident response teams and plans
- Securing the incident site and providing support to workers
- Internal and external notification, including to families and the media
- Dealing with regulators and police, from the first call-out through to interviews, in your State or Territory
- Statutory reporting obligations in your State or Territory for the specific type of incident
- Managing an investigation
Who is it for?
- In-house legal counsel
- Environment and Safety professionals and managers
- On-site managers and operational staff
Key features of CU SAFE
- Full coverage across Australia – you can choose your State or Territory to get the specific laws and processes that affect you
- Not just one type of incident – it covers serious safety and environmental incidents
- Use it anytime, anywhere – it works on any device, and doesn't need internet access
- Clear and easy to navigate – because when there's no time to waste, you need the answers quickly
- Help when you need it – you can call or email Clayton Utz specialists in WHS and Environment law who know your company and the regulator directly from the app 24 hours a day, seven days a week
Want to know more about the CU SAFE app?
Please contact us to discuss the CU SAFE app
Preparation and knowledge are your best defence in preventing an employee fatality or serious injury or environmental incident from occurring in the first place.
At Clayton Utz, we take the view that prevention is not just about creating policies and procedures – it is also about educating employees and promoting change and innovation. Our compliance programs and training modules are designed to address safety issues and to improve your organisation's understanding of, and commitment to, HSE compliance.
Incident management training
We have extensive experience in serious incident response both where the incident arose directly out of the clients' business (e.g. where the client employed the injured or deceased worker) or where the incident arose out of a contractor's business.
In the unfortunate event of a serious incident, we can further assist with all interactions with regulators such as site visits, managing and responding to requests for documents and interviews, assist in compliance with prohibition notices or improvement notices, implementing interim controls pending the outcome of the exhaustive investigation and recommendations, undertaking or procuring the investigation and root cause analysis, and, where a charge is brought, defending the matter if appropriate, including negotiating with the prosecutor as appropriate, and representation in any substantive or penalty hearings.
Due diligence training
There is an increasing focus on corporate governance and officer liability (further highlighted by the introduction of industrial manslaughter offences). It is more important than ever to ensure that your HSE governance is thorough and tailored to your organisation and that officers can demonstrate that they are complying with their due diligence obligations. We regularly provide a half-day officer due diligence training for Boards, Executive Leadership and Management Teams covering refreshers on the relevant duty of care under the relevant HSE legislation, key legislative or case law updates, officer due diligence obligations, including who they apply to and how to discharge them and practical tips on how to meet officer obligations without increasing either your risk or that of the organisation.
We understand that navigating the legislation relating to contractor engagements and achieving optimal safety outcomes and risk allocation is complex and high risk. A clear contractor management strategy, and consistent management of your contractors in accordance with that strategy, is pivotal. This is necessary to ensure that organisations are able to discharge their non-delegable primary duty under the WHS legislation and that they do not subsume the legislative obligations of contractors. We know that the consequences of non-compliance with these obligations can be severe, including serious HSE incidents, and prosecution at all levels of the contractor management chain which is why we will work with our clients to ensure that their preferred contractor management strategy ensures effective management of health and safety risks.
Our workshops provide clients with practical advice for managing contractors. This includes various contractor management options and models depending on your role in a project, and WHS and environment legislative obligations relating to contractor management. We can also provide the practical tools to build education and strategies for cost reduction and risk management, ensure effective contractor engagement and documents to assist in the management of contractors when they are in default of their obligations and understanding and self-sufficiency in WHS compliance when engaging and managing contractors.
Clayton Utz's safety practice is highly active in incident response, compliance and WHS strategy, especially related to major projects in the energy and resources sector.
- Legal500, 2021 (Labour and Employment: WHS)
Clayton Utz is home to market-leading environment and planning prowess in a number of areas. Not only does it advise on significant infrastructure projects across the entirety of Australia but its input is also sought for energy and natural resources, energy, and real estate construction planning matters. The team is also revered for regulatory approvals and compliance in the energy and resources sector and is also well-equipped for environmental law concerns, including both advisory and contentious affairs.
- Legal500, 2021 (Environment and Planning)
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