What is a SWMS and When Do I Need One in Australia?
A Safe Work Method Statement (SWMS) is a document that sets out the high risk construction work activities being carried out, the hazards and risks involved, and the control measures that will be put in place. It must be prepared before the high risk construction work starts, and the work must then be carried out in line with it.
When is a SWMS legally required?
Under the model WHS Regulations (regulations 299 to 303), a SWMS is required for high risk construction work — a specific list of activities such as work where a person could fall more than 2 metres, work on or near energised electrical installations, work in confined spaces, work in trenches deeper than 1.5 metres and work near powered mobile plant. See our guide to high risk construction work categories.
A SWMS is not required for every task. If none of your construction work falls into a high risk category, the law does not require a SWMS — although many principal contractors still ask for one as a site condition.
Victoria regulates workplace safety under the Occupational Health and Safety Act 2004 and the OHS Regulations 2017, which use different terms and some different thresholds from the model WHS laws used in other states and territories. Always check the requirements that apply where you work.
What must a SWMS include?
- The type of high risk construction work being done.
- The hazards relating to that work and the risks to health and safety.
- The measures that will be used to control those risks.
- How the control measures will be put in place, monitored and reviewed.
It must be easy to understand for the people who use it. A SWMS that is copied from someone else’s job and does not match your actual site, plant and methods will not do its job — and an inspector or principal contractor may reject it.
Who prepares it?
The business carrying out the high risk construction work prepares the SWMS, in consultation with workers. Where there is a principal contractor, they must take reasonable steps to obtain it before the work starts.
What happens if you do not have one?
Failing to have a compliant SWMS where one is required can lead to being stopped from working on site, improvement or prohibition notices from the regulator, and penalties. More importantly, the risks the SWMS is meant to control may go unmanaged.
Keeping it current
A SWMS must be kept for the duration of the work and reviewed and revised when the work changes or when control measures are not working. If a change is made, the new version must be communicated to workers.
Need a SWMS written for your actual work? See our Tailored SWMS service or contact us.
