What is a Workplace Risk Assessment? A WHS Guide for NSW Businesses Legal Duties and Best Practices

Overview

A workplace risk assessment is a step-by-step process used to identify hazards, assess their risk level, and implement controls to prevent harm. Under the Work Health and Safety Act 2011 (NSW) and the WHS Regulation 2017 (NSW), conducting a risk assessment is a legal requirement for all employers.

This guide explains

  • What a risk assessment is

  • Who can conduct one

  • When it must be done

  • The five step WHS risk assessment process

  • Common questions and practical examples

This article is designed for business owners, managers, HR professionals, safety officers, and compliance consultants in New South Wales (NSW), Australia.

What is a Risk Assessment?

A risk assessment is a documented process used to identify hazards in the workplace, evaluate the risk of injury or illness, and take steps to eliminate or reduce those risks. It is a core WHS obligation in NSW and applies to every industry, from hospitality and retail to offices, warehouses, manufacturing, and remote work.

Definition - A workplace risk assessment is a legal process that helps a business systematically identify hazards, evaluate potential harm, and take corrective action.

Why are Risk Assessments Important?

Risk assessments reduce injuries, lower insurance premiums, prevent legal exposure, and improve workplace culture. They are required under NSW law any time a new activity, substance, layout, or hazard is introduced into the workplace.

When must a Risk Assessment be Carried Out?

You must complete or review a risk assessment

  • Before introducing new equipment, processes, or chemicals

  • When incidents or near misses occur

  • When work activities change significantly

  • During routine safety reviews (e.g., quarterly or annually)

  • When staff raise WHS concerns, or consultation reveals issues

Who can Conduct a Risk Assessment?

While workers can assist in identifying hazards, the assessment itself should be conducted or verified by a competent person, someone with appropriate training, experience, or WHS qualifications. This might include

  • Managers or supervisors

  • WHS advisors or safety reps

  • External WHS consultants

  • PCBU representatives (Persons Conducting a Business or Undertaking)

Who is Legally Responsible?

The Person Conducting a Business or Undertaking (PCBU) your organisation, holds legal responsibility for ensuring risk assessments are carried out and actioned. This obligation cannot be contracted out.

What is the 5 Step Risk Assessment Process?

The NSW standard five-step process is

  1. Identify the hazard walk the location, talk to workers, review equipment, chemicals, tasks, and past incidents.

  2. Assess the risk determine the likelihood and consequence of harm. Use a risk matrix.

  3. Control the risk apply the hierarchy of control eliminate, substitute, engineer, administer, PPE.

  4. Implement the control assign responsibilities and timeframes for putting the control in place.

  5. Review and monitor evaluate if the control is working. Reassess risks during audits, after incidents, or if controls fail.

What Should be Included in a Risk Assessment?

A high quality WHS risk assessment should include

  • Hazard identification

  • Risk analysis and rating

  • Existing and proposed controls

  • Responsible persons and deadlines

  • Review date

  • Consultation with affected workers

  • Alignment with SafeWork NSW guidance and WHS laws

Risk Assessment Checklist vs Full Assessment

A risk assessment checklist helps structure the process and prompt hazard identification. It is not a substitute for

  • Risk rating using a matrix

  • Action planning with assigned responsibilities

  • Review and continuous improvement processes

Common Questions about WHS Risk Assessments

What is an example of a workplace risk assessment?

Example - A manufacturing facility identifies an unguarded conveyor belt as a hazard. A risk assessment determines the likelihood of entanglement or crush injuries as high. In response, the business implements risk controls including machine guarding, emergency stop mechanisms, operator training, and signage. These controls reduce the risk rating and ensure compliance with WHS regulations.

Can anyone do a risk assessment?

Anyone can contribute, but the final assessment should be completed or approved by a qualified or competent person familiar with the work task.

What’s the difference between a general and issue-based risk assessment?

A general assessment covers routine operations. An issue-based risk assessment is triggered by an incident, complaint, or specific hazard. Both are required in a mature WHS system.

What makes a Good Risk Assessment?

A good risk assessment is

  • Specific to the task, not generic

  • Evidence based, drawing on actual work observations

  • Consultative, involving staff input

  • Legally compliant, referencing WHS laws and the SafeWork NSW Code of Practice

  • Action focused, with timelines, responsibilities, and follow-up

Use clear language. Avoid vague terms like “monitor” or “manage risk”, be precise.

Lane Safety Systems Your WHS Partner in NSW

At Lane Safety Systems, we specialise in

  • General and issue based WHS risk assessments

  • Risk matrix design and control plans

  • Psychosocial hazard reviews

  • Safety procedure development

  • Risk register implementation

We help small and medium sized businesses across NSW stay compliant and protect their teams.

Contact us today to book your free WHS consultation

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