Prepare a safe work method statement (SWMS) for high risk construction work
Before high risk construction work starts, a SWMS must identify the work, its hazards and risks, the control measures, and how they are implemented, monitored and reviewed.
Who must comply
Every person conducting a business or undertaking (builders, subcontractors and other PCBUs) whose work includes high risk construction work, in the model-law jurisdictions. Principal contractors on construction projects must obtain the SWMS before the work starts.
What triggers it
Planning construction work that falls within any of the high risk construction work categories in r291.
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 required
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.
Max 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.
Summary
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. Regulation 291 defines high risk construction work in 18 paragraphs, which Safe Work Australia lists as 19 activities (it splits load-bearing and structural-integrity demolition), including work with a risk of a fall of more than 2 metres, work in or near a trench deeper than 1.5 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. The SWMS must identify the high risk construction work, specify the hazards and risks, describe the control measures and describe how they will be implemented, monitored and reviewed (r299(2)); it must take workplace circumstances into account and be readily understandable to the people who use it (r299(3)). The work must be carried out in accordance with the SWMS or stopped (r300); for a construction project a copy goes to the principal contractor before the work starts (r301); the SWMS is reviewed when controls are revised (r302); and it is kept, accessible to workers and available for inspection (r303). States and territories with model WHS laws carry equivalent provisions; Victoria regulates under the OHS Act 2004 and its regulations instead.
Enforced by
Source legislation
Industries
Topics
Related
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Frequently asked questions
- Who must comply with a safe work method statement (SWMS) for high risk construction work?
- Every person conducting a business or undertaking (builders, subcontractors and other PCBUs) whose work includes high risk construction work, in the model-law jurisdictions. Principal contractors on construction projects must obtain the SWMS before the work starts.
- What triggers a safe work method statement (SWMS) for high risk construction work?
- Planning construction work that falls within any of the high risk construction work categories in r291.
- When is a safe work method statement (SWMS) for high risk construction work 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).
- What is the maximum penalty for a safe work method statement (SWMS) for high risk construction work?
- 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.
- What evidence is required for a safe work method statement (SWMS) for high risk construction work?
- 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.
Source: https://www.safeworkaustralia.gov.au/doc/safe-work-method-statement-high-risk-construction-work-information-sheet. Rules Mate is not a law firm. Always verify against the live regulator source before acting.