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Risk Consideration

This clause imposes a contractual duty to conduct a formal assessment of manual handling risks—the physical activities involved in lifting, carrying, pushing, pulling, or otherwise moving objects or materials by hand. Manual handling assessments are typically required under workplace safety regulations (such as OSHA guidelines in the U.S. or similar frameworks internationally) and are designed to identify ergonomic hazards that could cause musculoskeletal injuries, strains, or repetitive stress injuries to workers. The clause obligates one or both parties to systematically evaluate tasks, identify high-risk activities, and implement controls such as mechanical assistance, task redesign, or training. This assessment creates a documented record of hazard identification and mitigation efforts, which is critical for defending against worker injury claims and demonstrating regulatory compliance.

The significance of this clause is that manual handling injuries are among the most common workplace injuries, leading to substantial workers' compensation costs, lost productivity, and potential regulatory penalties. By contractually requiring an assessment, the clause ensures that neither party can claim ignorance about manual handling hazards and establishes clear responsibility for implementing safety measures. This protects both parties by reducing injury rates and creating a defensible compliance posture.

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Key Recommendation

Determine which party is responsible for conducting and funding the assessment, and confirm that the assessment will be performed by a qualified health and safety professional. Request that the assessment be completed before work begins and that you receive a copy of the findings and any recommended controls. Ensure the clause specifies what happens if the assessment identifies high-risk tasks—does the contract require engineering controls, administrative changes, or additional training? If you're the party implementing controls, budget for equipment, training, and process modifications. Document all assessment results and corrective actions taken, as this documentation is essential for defending against injury claims.

Frequently Asked Questions

What does this clause mean in simple terms?

This clause imposes a contractual duty to conduct a formal assessment of manual handling risks—the physical activities involved in lifting, carrying, pushing, pulling, or otherwise moving objects or materials by hand. Manual handling assessments are typically required under workplace safety regulations (such as OSHA guidelines in the U.S.

Why should I care about this clause?

or similar frameworks internationally) and are designed to identify ergonomic hazards that could cause musculoskeletal injuries, strains, or repetitive stress injuries to workers. The clause obligates one or both parties to systematically evaluate tasks, identify high-risk activities, and implement controls such as mechanical assistance, task redesign, or training.

What are my options?

This assessment creates a documented record of hazard identification and mitigation efforts, which is critical for defending against worker injury claims and demonstrating regulatory compliance. The significance of this clause is that manual handling injuries are among the most common workplace injuries, leading to substantial workers' compensation costs, lost productivity, and potential regulatory penalties.

How does this affect small businesses?

By contractually requiring an assessment, the clause ensures that neither party can claim ignorance about manual handling hazards and establishes clear responsibility for implementing safety measures. This protects both parties by reducing injury rates and creating a defensible compliance posture.

✅ Action Checklist