SWMS & High-Risk Construction Work

If you are doing "high-risk construction work" you must have a Safe Work Method Statement (SWMS) in place before it starts — no exceptions. Here are the activities that trigger it, what the SWMS must contain, who prepares it, and when you have to stop and revise it.‍‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‍

Where these rules apply: the model WHS laws described here cover most of Australia, but Victoria and Western Australia run their own OHS/WHS frameworks with their own high-risk-work rules and thresholds. The principles are much the same, but if you work in VIC or WA, confirm the local detail with WorkSafe Victoria or WorkSafe WA. On model-WHS projects a principal contractor (who holds the overarching site duty) is only appointed where the work is $250,000 or more.

The high-risk work that triggers a SWMS

Under the model WHS Regulations, high-risk construction work (HRCW) includes work involving:

a risk of a fall of more than 2 metres
demolition of a load-bearing element
disturbing asbestos
a structural alteration needing temporary support to prevent collapse
a confined space
a trench or shaft deeper than 1.5 metres, or a tunnel
explosives, or work near them
pressurised gas mains or piping
chemical, fuel or refrigerant lines
energised electrical installations or services
a contaminated or flammable atmosphere
tilt-up or precast concrete
work near a road, railway or traffic corridor in use
the movement of powered mobile plant
artificial extremes of temperature
work near water with a drowning risk
diving work
a telecommunications tower

The most common on resi and commercial jobs: falls over 2m, structural alterations, trenches over 1.5m, energised electrical, and powered mobile plant.

What a SWMS must contain

A SWMS must identify the HRCW, specify the hazards and risks, describe the control measures (using the hierarchy — eliminate, substitute, isolate, engineer, admin, PPE), and describe how those controls are implemented, monitored and reviewed. In practice it also carries the project and activity details, the step-by-step tasks, the hazards per step, emergency and rescue procedures, the roles and competencies (tickets and licences), and a sign-on where workers confirm they have read and understood it. It has to be site-specific — a generic SWMS pulled from a folder will not satisfy the duty. (Free template starting points come from the WHS regulators, not the ATO — a SWMS is a safety document, nothing to do with tax.) Use the SWMS template.

Who prepares and signs it

The duty sits with the PCBU doing the HRCW — so each trade subbie prepares the SWMS for their own high-risk work and gives it to the principal contractor to review and accept before starting. The principal contractor has an overarching duty to ensure SWMS exist and are followed. Workers do not write it, but they must take reasonable care and follow it — and they sign on after a pre-start briefing.

When you must stop and revise

HRCW must be done per the SWMS or not at all. Review and revise it when a control is not working (a near-miss or incident), the workplace changes (new plant, a different method, new conditions), a new hazard appears, or the work is being done differently from the SWMS (a deviation). If the work strays from the SWMS, stop, revise it, re-brief and re-sign before resuming. Carrying on regardless is a breach — improvement or prohibition notices, or prosecution.