FINANCIAL INSTITUTIONS ENERGY INFRASTRUCTURE, MINING AND COMMODITIES TRANSPORT TECHNOLOGY AND INNOVATION PHARMACEUTICALS AND LIFE SCIENCES Safety in Action 2013 Dealing effectively with others in OHS 19 March 2013 Barry Sherriff Partner Norton Rose Australia or

2 OHS management relies on effective engagement OHS risk management is not just about systems, hardware and training Every single person involved in work can influence OHS outcomes –Let’s visit the safety pool and see Everyone in some way relies on others and must influence them How people behave will depend on what motivates them Every class and every person within a class is motivated by different (or multiple) factors Knowing your needs, what others can provide and how to influence them will be more likely to produce positive outcomes

3 What are some of the key relationships? (with apologies to those left out due to limited space) Workers Internal OHS personnel Operational managers Supervisors External OHS personnel Board Senior management WorkSafe Inspectors and Managers Supervisors HSRs Others Contractors Labour on hire Landlord Occupiers Designers Suppliers Unions

4 What are some of the motivating factors? A passion for health and safety – experience or values Ignorance Self-preservation Operational pressures $$$ and other resources Time Fear of liability or penalty

5 What are some of the motivating factors? Pragmatism or convenience or frustration Prior experience Family or social or peer group pressure Industrial relations Ambition Authoritarian (wants to take control) Fear or lack of comfort in moving from the norm Personality – Timid, confident, pessimistic, optimistic, cynical, sceptical, arrogant, aggressive, passive-aggressive, “big picture”, “detail”

6 Things to consider What is your role? What are you wanting to achieve? What is your skill set and personality and how will this affect the interaction? What is your authority? –Direct and indirect –Formal and informal Do you have the support base or do you need to build it? What other resources do you have available to you?

7 Things to consider Who MUST you deal with and who SHOULD you deal with? Who are they and what is their role? What will they want to achieve? What is their skill set and personality and how will this affect the interaction? What are their drivers and blockers? What are the non-negotiables? What then is the best course to take? Is this a single issue or part of a journey?

8 Internal/External OHS personnel Supervisors Operational managers Supervisors Board Senior management WorkSafe Inspectors and Managers Workers HSRs

9 Workers Internal/External OHS Operational managers Supervisors Board Senior management WorkSafe Inspectors and Managers Supervisors HSRs

10 Workers Internal/External OHS Operational managers Supervisors Board Senior management WorkSafe Inspectors and Managers Supervisors HSRs

11 Workers Internal/External OHS Operational managers Supervisors Board Senior management WorkSafe Inspectors and Managers Supervisors HSRs

12 Plan your approach and execute it Identify the objective Identify the people, drivers etc Identify required and available processes and resources Plan the interactions Get the timing right Avoid surprises if you can Review and revise as necessary Remember this is a two way communication –It is based on a relationship which will affect or be affected by this interaction –Listen –Give and show respect –Provide feedback –Acknowledge their input and thank them

13 A few guiding rules Exercise judgement (fight or flight, stand or give ground) Follow the K.I.S.S. principle wherever appropriate – but explain or justify where you must Remember the audience, particularly with language and jargon Be honest and don’t play games Be prepared to give bad news or be blunt – but do it sensitively Be true to yourself Be flexible in your approach, but consistent in your messages If you change your view, acknowledge and explain

14 Our international practice

15 Australia

16 Disclaimer The purpose of this presentation is to provide information as to developments in the law. It does not contain a full analysis of the law nor does it constitute an opinion of Norton Rose Australia on the points of law discussed. No individual who is a member, partner, shareholder, director, employee or consultant of, in or to any constituent part of Norton Rose Group (whether or not such individual is described as a “partner”) accepts or assumes responsibility, or has any liability, to any person in respect of this presentation. Any reference to a partner or director is to a member, employee or consultant with equivalent standing and qualifications of, as the case may be, Norton Rose LLP or Norton Rose Australia or Norton Rose Canada LLP or Norton Rose South Africa (incorporated as Deneys Reitz Inc) or of one of their respective affiliates.