In this episode of "Risk! Engineers Talk Governance," due diligence engineers Richard Robinson and Gaye Francis revisit the fundamentals of engineering due diligence in response to listener feedback about confusion between risk, assurance and diligence.

The discussion covers how R2A became specialised in due diligence engineering through their expert witness work, where they learned that due diligence serves as a defense against negligence with two key components: having reasonable control in place and taking all reasonable steps to protect against foreseeable harm.

Richard explains their decision to move away from quantified risk assessments using target risk levels, as this cannot adequately demonstrate due diligence. Instead, R2A advocates for a top-down approach that identifies critical issues, evaluates available controls, and determines what's reasonable in the circumstances.

They clarify that while due diligence obligations are explicitly stated for corporate officers in workplace safety legislation, all professional engineers have an implied duty to demonstrate due diligence as part of their professional responsibilities, and emphasise that simply following regulator approval doesn't guarantee protection from negligence claims. Engineers must take a holistic approach rather than relying solely on Standards or regulatory compliance.

The books they mention are:

• For Directors: Criminal Manslaughter, How Not To Do It https://www.r2a.com.au/store/p/r2a-criminal-manslaughter-directors-booklet

• For Engineers: Risk Management & Negligence; Due diligence Essentials for Engineers https://www.r2a.com.au/store/p/due-diligence-essentials-engineers-booklet 

For further information on Richard and Gaye’s consulting work with R2A, head to https://www.r2a.com.au.

Gaye is also founder of women’s safety workwear company Apto PPE if you’d like to check out the garments at https://www.aptoppe.com.au