How to Review and Update a Risk Assessment: When Irish Law Requires It
Irish law requires employers to keep risk assessments up to date. This guide explains the legal triggers for review, how to carry out a review properly, and...
# How to Review and Update a Risk Assessment: When Irish Law Requires It A risk assessment is not a one-off exercise. Irish law requires employers to keep their risk assessments up to date, and a risk assessment that was suitable and sufficient when it was first prepared may become inadequate over time as circumstances change. Understanding when a review is required and how to carry one out properly is an important part of managing health and safety in any Irish construction business. ## The Legal Requirement to Review The Safety, Health and Welfare at Work Act 2005 requires employers to carry out a risk assessment and to prepare a Safety Statement based on that assessment. The Act does not specify a fixed interval for review, but it does require the risk assessment to remain suitable and sufficient. Section 19 of the Act states that the risk assessment must be reviewed "where there is reason to believe that it is no longer valid or where there has been a significant change in the matters to which it relates." This means the obligation to review is triggered by circumstances, not by the calendar. However, the HSA recommends that risk assessments are reviewed at least annually as a matter of good practice, and more frequently in high-risk environments such as construction. ## When Must a Risk Assessment Be Reviewed? Irish law and HSA guidance identify the following triggers for a review of a risk assessment: **A significant change in the work.** If the nature of the work changes — new tasks, new processes, new equipment, or new materials — the risk assessment must be reviewed to ensure it covers the new activities. For example, if a groundworks contractor takes on demolition work for the first time, the existing risk assessment will not cover the specific hazards of demolition. **A change in the workplace.** If the physical environment changes — a new site, a new building, or a significant change to an existing workplace — the risk assessment must be reviewed. **A change in the workforce.** If new workers join who have different characteristics — young workers, workers with disabilities, or workers who are pregnant — the risk assessment may need to be reviewed to ensure it addresses their specific needs. **After an accident or near miss.** Every accident and near miss is evidence that something in the existing arrangements is not working. After an accident or near miss, the risk assessment should be reviewed to identify whether it adequately addressed the hazard that caused the incident, and whether additional controls are needed. **After a change in legislation or guidance.** If new legislation is introduced or existing guidance is updated, the risk assessment should be reviewed to ensure it remains compliant. **When monitoring or inspection reveals a problem.** If a site inspection, audit, or health and safety monitoring exercise reveals that controls are not working as intended, the risk assessment should be reviewed. **At regular intervals.** Even if none of the above triggers apply, the HSA recommends reviewing risk assessments at least annually. In high-risk environments such as construction, more frequent review is good practice. ## How to Review a Risk Assessment A review of a risk assessment is not the same as preparing a new one from scratch. The purpose of a review is to check whether the existing assessment remains valid and to update it where necessary. **Step 1: Check whether the hazards identified are still relevant.** Are all the hazards identified in the original assessment still present? Have any new hazards been introduced? Have any hazards been eliminated? **Step 2: Check whether the risk ratings are still accurate.** Have the controls put in place since the original assessment reduced the risk as expected? Has anything changed that might have increased the risk? **Step 3: Check whether the controls are still in place and working.** Are the controls identified in the original assessment actually being implemented? Are they working effectively? Have any controls become ineffective or been discontinued? **Step 4: Check whether there are better controls available.** Has new technology, new equipment, or new guidance become available that would allow the risk to be managed more effectively? **Step 5: Update the assessment.** Record the findings of the review, update the assessment where necessary, and record the date of the review and the name of the person who carried it out. **Step 6: Communicate the changes.** If the review results in changes to the controls or procedures, communicate those changes to the workers affected. ## Dynamic Risk Assessment In construction, conditions on site can change rapidly. A risk assessment prepared before work begins may not reflect the conditions that actually exist when the work is carried out. This is why the concept of dynamic risk assessment is important in construction. A dynamic risk assessment is a continuous mental process of identifying and responding to hazards as they arise during the course of work. It is not a formal written exercise — it is the ongoing vigilance that every worker and supervisor should exercise throughout the working day. Dynamic risk assessment does not replace the formal written risk assessment. Rather, it supplements it. The formal risk assessment identifies the foreseeable hazards and sets out the planned controls. The dynamic risk assessment addresses the unexpected — the hazard that was not anticipated, the condition that has changed, the situation that requires an immediate response. Workers should be trained to carry out dynamic risk assessments and to stop work and seek guidance when they encounter a hazard that is not covered by the existing risk assessment. ## Common Mistakes in Risk Assessment Reviews **Treating the review as a tick-box exercise.** A review that simply confirms that the existing assessment is still valid without genuinely checking whether this is the case provides no real protection. The review must be a genuine assessment of whether the existing arrangements remain suitable and sufficient. **Failing to involve workers.** Workers are often the best source of information about whether controls are working in practice. A review that does not involve the workers who carry out the tasks being assessed is likely to miss important information. **Failing to act on the findings.** A review that identifies problems but does not result in action is worse than no review at all — it creates a paper trail showing that the employer knew about the problem but did nothing about it. **Failing to record the review.** The review should be recorded, including the date, the person who carried it out, the findings, and any changes made to the assessment. This provides evidence that the employer has met their legal obligations. **Reviewing in isolation.** The risk assessment does not exist in isolation — it is the basis for the Safety Statement, the safe systems of work, and the training provided to workers. A review of the risk assessment should prompt a review of these related documents and arrangements. ## Practical Checklist for a Risk Assessment Review The following checklist can be used to structure a review of a risk assessment: | Question | Yes / No / Action Required | |---|---| | Are all the hazards identified in the original assessment still present? | | | Have any new hazards been introduced since the last review? | | | Are the risk ratings still accurate? | | | Are all the controls identified in the assessment still in place? | | | Are the controls working effectively? | | | Has any accident, near miss, or monitoring exercise revealed a problem? | | | Has there been a change in legislation or guidance? | | | Has there been a change in the work, the workplace, or the workforce? | | | Are there better controls available that should be considered? | | | Have the findings of this review been communicated to workers? | | ## Conclusion Reviewing and updating risk assessments is a legal obligation under the Safety, Health and Welfare at Work Act 2005, and it is also good practice. A risk assessment that is kept up to date reflects the actual conditions of work and provides genuine protection for workers. One that is allowed to become outdated is a liability — both for the workers it fails to protect and for the employer who may face prosecution or civil liability as a result. If you need assistance reviewing your risk assessments or updating your Safety Statement, Safety Check can help. Contact us at [safetycheck.ie/contact](https://www.safetycheck.ie/contact). ## References [1] Safety, Health and Welfare at Work Act 2005, Section 19. Available at: https://www.irishstatutebook.ie/eli/2005/act/10/enacted/en/html [2] Health and Safety Authority - Risk Assessment. Available at: https://www.hsa.ie/eng/your_industry/general_safety_and_health_management/risk_assessment/ [3] Health and Safety Authority - Safety Statement. Available at: https://www.hsa.ie/eng/your_industry/general_safety_and_health_management/safety_statement/