excodex

Occupational safety International framework and country guides

Question and answerEXC-OQA-0441

Is a written risk assessment mandatory in Australia, and how often must it be reviewed?

excodex editorial teamAustralia

Part of: Occupational safety and health in Australia: law, authorities and employer duties

Short answer

Not in every case. The PCBU must always identify hazards and manage risks, but writing is required only for specific work such as high risk construction (SWMS), confined spaces and silica processing. There is no fixed review interval: set triggers apply.

Not in every case. The person conducting a business or undertaking (PCBU) must always identify hazards and eliminate or minimise risks, but the model Work Health and Safety (WHS) Regulations require a written document only for specific work. There is no fixed review period: control measures must be reviewed whenever one of the listed triggers occurs.

Short answer

  • General duty: manage risks under Part 3.1 of the WHS Regulations (identify hazards, eliminate or minimise, hierarchy of controls, maintain, review). Writing is good practice but not a general legal requirement.
  • Written documents required for, among others: safe work method statements (SWMS) for high risk construction work, confined space risk assessments and entry permits, silica risk control plans, emergency plans and major hazard facility safety cases.
  • Review triggers (regulation 38): control not effective, before a change, new hazard, consultation result, or a request by a health and safety representative (HSR).
  • Victoria (OHS Act 2004 and OHS Regulations 2017) has its own wording; check the Victorian text for specific hazards.

What Part 3.1 requires

Regulations 32 to 38 of the Commonwealth WHS Regulations 2011 set a fixed sequence. The duty holder must identify reasonably foreseeable hazards (34), eliminate risks so far as is reasonably practicable or, if not, minimise them (35), and follow the hierarchy of controls: substitution, isolation or engineering controls first, then administrative controls, then personal protective equipment (36). Controls must remain fit for purpose, suitable and correctly installed and used (37). Workers must be consulted when hazards are identified and controls decided (Act, section 49).

When a written record is legally required

Work or situationWritten documentRegulation (Cth)
High risk construction workSafe work method statement, prepared before work starts299
Confined spaceRisk assessment by a competent person, recorded in writing; written entry permit completed by a competent person66, 67
High-risk processing of crystalline silica substancesSilica risk control plan, including the risk assessment529CB
Every workplaceEmergency plan43
Major hazard facilitySafety assessment and safety case555, 560 and 561

Other parts of the Regulations add their own records, for example air monitoring results kept for 30 years (regulation 50) and confined space training records kept for 2 years (regulation 76). Even where writing is not compulsory, a record is the practical way to show an inspector or a court that risks were managed so far as is reasonably practicable.

How often to review

The Regulations deliberately set no calendar interval. Regulation 38 requires review and, if needed, revision of a control measure:

  1. when it does not control the risk so far as is reasonably practicable (for example monitoring results are poor or a notifiable incident occurs because of the risk);
  2. before a change at the workplace, a system of work, a process or a procedure that may create a new or different risk;
  3. when a new relevant hazard or risk is identified;
  4. when consultation shows that a review is necessary;
  5. when an HSR requests it, believing one of the first four triggers applies and the review was not adequate.

Many organisations add a fixed internal interval (often annual) to their management system. That is a company rule, useful for audits, not a legal deadline.

Example: A food plant in Brisbane replaces a manual palletising line with a robot cell. Before installation, regulation 38 requires the existing controls for manual handling and traffic to be reviewed, because the change may create new risks (crushing, robot access). The team records the review, consults the operators and their HSR, adds guarding and interlocks, and updates the training. No SWMS is needed unless the installation itself is high risk construction work.

Comparison with the EU and Türkiye

The EU Framework Directive 89/391/EEC requires the employer to be in possession of a risk assessment, and national laws set how it is documented. In Türkiye, Article 10 of Law No. 6331 obliges every employer to carry out or commission a risk assessment, and the Regulation on OSH Risk Assessment (İş Sağlığı ve Güvenliği Risk Değerlendirmesi Yönetmeliği) has it prepared by a team and renewed at the latest every 2, 4 or 6 years in very hazardous, hazardous and less hazardous workplaces (Article 12), and earlier whenever something changes. Australia relies instead on event-based review.

Common mistakes

  • Treating an SWMS as a general risk assessment. It is a specific document for high risk construction work and must be followed on site.
  • Waiting for an "annual review" after a serious incident. The incident itself triggers the review.

Related on excodex

Standards and further reading

This article is general occupational safety and health information prepared by the excodex editorial team. It does not replace the applicable legislation, standards, manufacturers' instructions or the assessment of a competent OSH professional or occupational physician.

More questions on this topic

Part of: Occupational safety and health in Australia: law, authorities and employer duties

excodex

Tools

Ex check Gas library exai Occupational safety My files

Community

excodex

Join free

Language

Sign in

Not a member yet? Join free

Improve the translation