If It’s in Your Risk Assessment, You Must Implement It

A recent Queensland court decision has reinforced a critical principle in work health and safety: identifying hazards and documenting control measures is not enough. Controls must be implemented, supervised, and enforced in practice.

The matter arose from an incident at a worksite in Queensland involving interaction between mobile plant and pedestrian workers, a well-regarded high-risk activity. A pedestrian worker sustained serious injury when struck by operating machinery during excavation works.

Importantly, the organisation involved had a documented safety management system. The hazard of people–plant interaction had been identified. Control measures were outlined in procedures and training materials. These included:

• Establishing exclusion zones between pedestrians and operating plant

• Directing plant operators to cease movement until workers were clear

• Using spotters to monitor interactions between workers and machinery

• Providing instruction and supervision consistent with safe work procedures

However, the Court found that while these measures existed “on paper,” they were not adequately implemented or enforced on site at the time of the incident.

The key legal finding was not that the organisation failed to conduct risk assessments. Rather, it failed to ensure that the nominated control measures were applied in practice.

In its defence, the organisation argued that certain control measures were not reasonably practicable in the circumstances. The Court rejected this argument, describing it as illogical. If the control measures were identified within the company’s own safety documentation, it was reasonable to infer that they were considered practicable and appropriate.

The Court emphasised that safety systems are not symbolic documents. They are operational tools designed to guide behaviour and decision-making in real time. Listing a control in a risk assessment carries with it an expectation that the control will be implemented when the risk arises.

This case reinforces several important WHS principles:

1. Foreseeable risk must be managed.

2. Documented controls create accountability. If you identify a control measure, you are expected to use it.

3. Supervision is itself a control measure. Training alone is insufficient without active oversight.

4. Reasonably practicable means reasonably implemented. Courts will look beyond policies to actual conduct on site.

For directors, officers and managers, the message is clear: due diligence extends beyond approving safety manuals and procedures. It includes ensuring those procedures are embedded, monitored, and enforced at operational level.

For supervisors and site leaders, the lesson is equally strong: safe systems of work must be visible in daily practice through clear communication, controlled work zones, and active supervision.

In summary, risk management does not end at the risk assessment stage. It continues through implementation, monitoring, and enforcement. A well-written safety system will not protect an organisation if it is not translated into safe work behaviour.

If a control measure is identified in your risk assessment, it must be implemented.

For more information on WHS training or WHS compliance services, or if you would like help to make your WHS management system even more robust, please feel free to contact us by email at train@courtenell.com.au or phone us on 02 9552 2066