Regulations 291–303: WHS SWMS Requirements

Regulatory citation: Model Work Health and Safety Regulations, Chapter 6 (Regulations 291–303)

What Is a Safe Work Method Statement?

A safe work method statement (SWMS) is a document that sets out high risk construction work activities, the hazards and risks arising from those activities, and the measures that will be put in place to control the risks. Under the model Work Health and Safety Regulations, a SWMS must be prepared before high risk construction work (HRCW) starts.

Why SWMS Matter

A SWMS forces a plan to be made before dangerous construction work begins, and gives supervisors and workers a clear, shared reference for how the work will be done safely. It also helps principal contractors coordinate multiple trades on the same site.

What Is High Risk Construction Work?

Regulation 291 lists the types of construction work that are high risk. They include construction work that:

• Involves a risk of a person falling more than 2 metres
• Is carried out on a telecommunication tower
• Involves demolition of an element of a structure that is load-bearing or related to its physical integrity
• Involves, or is likely to involve, disturbing asbestos
• Involves structural alterations or repairs requiring temporary support
• Is carried out in or near a confined space
• Is carried out in or near a shaft or trench deeper than 1.5 metres, or a tunnel
• Involves the use of explosives
• Is carried out on or near pressurized gas mains or piping, or chemical, fuel or refrigerant lines
• Is carried out on or near energized electrical installations or services
• Is carried out in an area that may have a contaminated or flammable atmosphere
• Involves tilt-up or precast concrete elements
• Is carried out on, in or adjacent to a road, railway, shipping lane or other traffic corridor in use by traffic other than pedestrians
• Is carried out in an area with movement of powered mobile plant
• Is carried out in areas with artificial extremes of temperature
• Is carried out in or near water or other liquid with a risk of drowning
• Involves diving work

Some jurisdictions vary this list, for example with different fall heights for housing construction.

Core Obligations

1. Prepare a SWMS Before Work Starts (Regulation 299)

The PCBU carrying out the HRCW must ensure a SWMS is prepared, or has already been prepared, before the work starts. It must be prepared in consultation with workers.

2. Include the Required Content

A SWMS must identify the work that is HRCW, specify the hazards and risks, describe the control measures, and describe how those measures will be implemented, monitored and reviewed. It must be easy to understand for the people who use it.

3. Do the Work in Line With the SWMS (Regulation 300)

If work is not carried out in accordance with the SWMS, it must stop immediately, or as soon as it is safe to do so, and not resume until the SWMS is followed or revised.

4. Review and Revise (Regulation 302)

The SWMS must be reviewed and, if necessary, revised when control measures change or aren't working, when a new hazard is identified, or at the request of an HSR.

5. Keep the SWMS Available (Regulation 303)

The SWMS must be kept and made available for inspection until the HRCW is completed, and for longer if a notifiable incident occurs during the work.

6. Principal Contractor Duties

On construction projects valued at $250,000 or more, the principal contractor must take reasonable steps to obtain SWMS from subcontractors before HRCW starts, and must include arrangements for managing HRCW in the WHS management plan.

Common Compliance Approaches

Task-Specific, Not Generic

A SWMS should reflect the actual site, task and controls, not a generic template copied from job to job.

Keep It Short and Usable

Write in plain language, avoid unnecessary detail and make sure workers can read and understand it, including those with limited English.

Walk Through It Before Starting

Review the SWMS with the crew at a pre-start meeting, get their input and confirm everyone understands the controls.

Example: SWMS in Practice

A civil contractor is laying stormwater pipes in a 2.4-metre-deep trench beside a road. Because the work involves a trench deeper than 1.5 metres, work next to a road used by traffic and powered mobile plant, it is HRCW. The crew leader prepares a SWMS with the workers, covering trench shoring, traffic management, exclusion zones for the excavator and emergency rescue. The SWMS is reviewed at each morning pre-start and revised when groundwater is found.

Note: This summary is based on the model WHS laws published by Safe Work Australia. Most states and territories have adopted them with minor variations, while Victoria has its own OHS laws. Always check the legislation and codes of practice that apply in your jurisdiction.

Frequently Asked Questions

When is a SWMS required?

A SWMS is required before any high risk construction work starts. HRCW includes construction work involving a risk of falling more than 2 metres, trenches deeper than 1.5 metres, work near energized electrical services, asbestos, confined spaces, powered mobile plant and work next to roads or railways, among other activities.

Who is responsible for preparing a SWMS?

The PCBU carrying out the high risk construction work is responsible, and it must prepare the SWMS in consultation with the workers doing the work. On larger projects, the principal contractor must also take reasonable steps to obtain SWMS from subcontractors before the work begins.

Is a SWMS the same as a JSA?

Not exactly. A job safety analysis (JSA) is a general risk assessment tool that can be used for any task. A SWMS is a specific legal requirement for high risk construction work with required content. Many organizations use JSAs for other tasks and SWMS for HRCW.