REE is sponsoring a presentation at next week’s ACG Tailings Management Seminar where we have arranged for Brad Russell, Partner at McCullough Robertson Lawyers, to present on:
Engineer of Record – sounds simple but is it possible from a legal and insurance perspective?
The Engineer of Record and Responsible Technical Person Roles as defined by ANCOLD 2019 and the draft ICMM guidelines are uninsurable risks for consultants (Companies and individuals).
As defined by ANCOLD 2019 “The responsible technical person should have overall responsibility to verify that all investigation, design and operation activities are appropriate and properly carried out… The responsible technical person should have a direct reporting line to senior mine management and the company board.”
Some mining companies such as Anglo American and Rio Tinto have acknowledged that the ultimate risk associated with their TSFs belongs to them and have included limited wording to reduce the risk for consultants designated as the responsible technical person or EoR.
It is also unheard of that a consultant has direct access to the company board. Whilst recently introduced to Australia through the revision of the ANCOLD guidelines, the EoR role has been part of the North American governance system for many years, where similar questions about liability, risk and insurance exist.
Following a recent trip to London where he met with the largest insurance providers in the market, Brad Russell’s presentation provides the legal and insurance perspective on these roles.
ACG Workshop: https://acg.uwa.edu.au/events/tailings-seminar/