Why is it a "risk" and what does it matter.?
I sometimes leave a super on top and come spring the queen has laid in the warmest part of the hive; the super.
I just stick her below and add a queen-excluder back....note this is next spring.
A little bit of brood in a super makes little difference to any future honey crops.
With a super below, it is unlikely she will lay there as it's currently the coldest part of the hive...but bees do as they wish so no certainty.
