Is the answer the same for every industry?

No. For 34 of the 35 industries Rules Mate maps, the answer is no. Construction (residential & commercial) is one of 1 industries with a different answer.

Do construction (residential and commercial) businesses need to prepare a safe work method statement (SWMS) for high risk construction work?

A computed answer from the Rules Mate applicability engine, with the exact condition, the outcome for every structure and size, and the primary source.

Short answer: Only if

Only if your work includes high risk construction work (WHS Regulations r291), for example work with a risk of a fall of more than 2 metres, trenches deeper than 1.5 metres, or work near powered mobile plant. Being in this industry makes the obligation worth checking (Industry: Construction (residential & commercial)), but the trigger is a fact the industry alone does not settle.

The obligation in brief

Prepare a safe work method statement (SWMS) for high risk construction work. Under regulation 299 of the model WHS Regulations, a person conducting a business or undertaking that includes high risk construction work must ensure a safe work method statement is prepared before the work starts. 5 metres or a confined space, work involving asbestos, demolition of load-bearing elements, tilt-up or precast concrete, work near energised electrical services or traffic, and work where powered mobile plant moves.

Trigger: Planning construction work that falls within any of the high risk construction work categories in r291.

Why construction (residential & commercial) get a different answer

Rules Mate runs its applicability engine across 9 business structures and 6 size bands for each of the 35 industries it maps. For 34 of those industries the answer for "Prepare a safe work method statement (SWMS) for high risk construction work" is no. Construction (residential & commercial) is one of the 1 where the answer is different: only if.

The deciding fact for construction (residential and commercial) businesses: Industry: Construction (residential & commercial); applies only if your work includes high risk construction work (WHS Regulations r291), for example work with a risk of a fall of more than 2 metres, trenches deeper than 1.5 metres, or work near powered mobile plant.

About the industry: Builders, contractors, and subcontractors covered by the Building & Construction General On-site Award and high-risk WHS.

Compare a professional services (general) business with 6–19 employees structured as a Pty Ltd company: the obligation does not apply (Requires a trigger outside this questionnaire).

Answer by business structure and size

Each cell is the engine's outcome for a business in construction (residential & commercial) with that structure and size, assuming it sells to consumers and small businesses and holds customer contact details. "Check" means the obligation turns on a fact the industry does not settle.

"Prepare a safe work method statement (SWMS) for high risk construction work": outcome for construction (residential and commercial) businesses by structure and size
Structure	No employees	1–5 employees	6–19 employees	20–99 employees	100–499 employees	500+ employees
Sole trader	Check	Check	Check	Check	Check	Check
Partnership	Check	Check	Check	Check	Check	Check
Trust	Check	Check	Check	Check	Check	Check
Pty Ltd company	Check	Check	Check	Check	Check	Check
Public company	Check	Check	Check	Check	Check	Check
Not-for-profit (unregistered)	Check	Check	Check	Check	Check	Check
Registered charity	Check	Check	Check	Check	Check	Check
Super fund	Check	Check	Check	Check	Check	Check
Foreign company	Check	Check	Check	Check	Check	Check

What the obligation requires

When due: Before the high risk construction work starts; reviewed whenever control measures are revised; kept until the work is completed (at least 2 years after any notifiable incident).
Evidence to keep: Current SWMS for each high risk construction work activity; worker sign-on records; site check records showing the work follows the SWMS; record of the copy given to the principal contractor; review records.
Maximum penalty: Failing to prepare a SWMS, or to have arrangements for the work to follow it, is a strict liability offence under the WHS Regulations (r299-r300); penalty amounts are set and indexed by each jurisdiction.
Regulator: SafeWork NSW, WorkSafe Victoria, WHSQ, SafeWork SA, WorkSafe WA, WorkSafe Tas, WorkSafe ACT and NT WorkSafe
Jurisdiction: Commonwealth (national)

Other obligations where construction (residential & commercial) differ from the norm

Run the compliance journeyAnswer a short questionnaire about your business and get the obligations that apply to you, with the reason each one applies.

Questions

Do construction (residential and commercial) businesses need to prepare a safe work method statement (SWMS) for high risk construction work?: Only if your work includes high risk construction work (WHS Regulations r291), for example work with a risk of a fall of more than 2 metres, trenches deeper than 1.5 metres, or work near powered mobile plant. Being in this industry makes the obligation worth checking (Industry: Construction (residential & commercial)), but the trigger is a fact the industry alone does not settle.
Is the answer the same for every industry?: No. For 34 of the 35 industries Rules Mate maps, the answer is no. Construction (residential & commercial) is one of 1 industries with a different answer.

Sources

Computed by the Rules Mate applicability engine from the published obligation corpus; facts last checked 3 October 2026. Rules Mate is not a law firm and this is general information, not legal advice. Confirm your position with the regulator source or a qualified adviser before acting.