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Risk Consideration

This clause requires one or both parties to maintain an updated risk register—a documented list identifying potential hazards, threats, and vulnerabilities that could affect contract performance or workplace safety. The risk register typically includes descriptions of each risk, its likelihood and potential impact, and mitigation strategies. In employment contexts, this is particularly important because it demonstrates proactive management of workplace hazards and compliance with health and safety regulations. The clause matters because it creates accountability for risk identification and management, protects both employer and employee by documenting known hazards, and provides evidence of due diligence if disputes or injuries occur. Without this requirement, risks may go unaddressed until they cause harm, leaving both parties exposed to liability.

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Key Recommendation

Ensure the contract specifies who is responsible for maintaining the register (typically the employer), how frequently it must be updated (at minimum quarterly, or after any incident), what format it should take, and who has access to it. Clarify whether employees have a duty to report new risks and what the process is for doing so. As an employee or employee representative, verify that you have the right to review the register and that management commits to acting on identified risks within reasonable timeframes. Include a clause requiring that the register be reviewed during safety meetings and that actions taken are documented.

Frequently Asked Questions

What does this clause mean in simple terms?

This clause requires one or both parties to maintain an updated risk register—a documented list identifying potential hazards, threats, and vulnerabilities that could affect contract performance or workplace safety.

Why should I care about this clause?

The risk register typically includes descriptions of each risk, its likelihood and potential impact, and mitigation strategies.

What are my options?

In employment contexts, this is particularly important because it demonstrates proactive management of workplace hazards and compliance with health and safety regulations.

How does this affect small businesses?

The clause matters because it creates accountability for risk identification and management, protects both employer and employee by documenting known hazards, and provides evidence of due diligence if disputes or injuries occur.

✅ Action Checklist