Approaches to safety legislation development have resulted in the NSW Occupational Health and Safety Regulation 2001 introducing a methodology for a risk management approach in all workplaces in NSW. This methodology is consistent with the Australian/New Zealand Risk Management Standard AS/NZS 4360.
The Risk management provisions of the OHS regulation will assist employers in meeting their 'duty of care' obligations under Section 8 of the NSW Occupational Health and Safety Act 2000. This duty requires employers to ensure that the work premises, plant, substances and systems of work are safe and without risks to health.
Obligations imposed by the Risk Management provisions contained in chapter two of the OHS regulation remain the responsibility of the employer, regardless of any delegation or contracting arrangements that may be made for the carrying out of actual tasks associated with the obligation.
The purpose of risk management is to identify those risks (conditions and practices) within the workplace, which could potentially cause an injury, and then to assess these hazards to determine the level of risk before eliminating or controlling this risk. This three-step process is known as 'Risk Management in Occupational Health and Safety' and is a legal requirement in all workplaces within NSW.
Businesses in NSW were required to complete the process of risk management in their businesses by the 1st of September of 2002. Small businesses, however, those with fewer than 20 employees, had until the 1st of September of 2003 to complete the work associated with these provisions.
Please note that this provision does not apply to hazards involving hazardous substances or manual handling. Risk management obligations on employers for manual handling have been in place since 1991 and for hazardous substances since 1996.
Who’s responsible for risk management?
Employers have a general obligation under chapter two of the OHS regulation to develop, implement and sustain the risk management process within their area of accountability.
Particular risk control obligations are imposed on employers with respect to working space, manual handling, plant, hazardous substances, hazardous processes and construction work, which are identified in chapters 4-8 of the OHS regulation.
Working space includes lighting, heat and cold, noise, atmosphere, working at height, fire prevention, electricity and confined spaces.
Hazardous processes includes spray painting, abrasive blasting, welding, electroplating, molten metal, lead processes and electrical work.
Principal contractors and sub-contractors have specific risk control responsibilities with respect to construction work imposed by chapter eight of the OHS regulation.
Controllers of premises have risk management and information provision obligations with regard to fall prevention, electricity and asbestos that are specified in Part 4.2 of the OHS regulation.
Designers, manufacturers and suppliers of plant and (employers of) those involved in the installation, erection, commissioning, use, maintenance, repair, dismantling, storage and disposal of plant have specific risk management obligations imposed by chapter five of the OHS regulation.
Manufacturers, suppliers and employers of users of hazardous substances have risk management obligations imposed by chapter six of the OHS regulations. | 
