Do businesses with 1–5 employees need to prepare a safe work method statement (SWMS) for high risk construction work?

Only if a further fact applies (1–5 employees, turnover $100K–$1M).

Who must prepare a safe work method statement (SWMS) for high risk construction work?

What the obligation is

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.

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.

The applicability test

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. Whether it applies turns on a fact that no industry, structure or size settles on its own.

How the regulator frames it: 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.

Jurisdiction: Commonwealth law, so the test is the same in every state and territory.

Which industries are in or out

Outcome across the 35 industries Rules Mate maps (1 of 35: only if a further fact applies; 34 of 35: no).

Industry	Answer
Construction (residential & commercial)	Only if a further fact applies
No	34 other industries

Business structure and size

Structure does not change the answer in construction (residential & commercial): for every structure the answer is "only if a further fact applies".

Size does not change the answer in construction (residential & commercial): at every size band the answer is "only if a further fact applies".

Worked examples

Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:

Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: does not apply. Requires a trigger outside this questionnaire.
Pty Ltd company in construction (residential & commercial) with 6–19 employees, turnover $1M–$3M: check whether it applies. 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.

When you need to check further

The engine shows this obligation as "check whether this applies" when a business has industry: Construction (residential & commercial). It then 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. That fact is not something Rules Mate can infer from industry, structure or size.

What you must do, and when

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).
Frequency: When a triggering event occurs
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.
Status: Current
Priority: Critical

Penalty for not complying

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.

Criminal liability

Breaches can be prosecuted as criminal offences, not only civil contraventions.

Audit or assurance level

Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.

Obligations that usually travel with it

Where it sits in the corpus

Rules Mate tracks 29 published obligations tagged "whs", 24 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 16 of those apply outright. This obligation is rated critical priority and carries criminal liability, and is triggered by events.

Regulator, legislation and tools

Regulated by SafeWork NSW, WorkSafe Victoria, Workplace Health and Safety Queensland, SafeWork SA, WorkSafe Western Australia, WorkSafe Tasmania, WorkSafe ACT and NT WorkSafe.

SafeWork NSW: WHS regulator and workers' compensation insurer for NSW.

WorkSafe Victoria: Victorian WHS regulator and workers' compensation insurer (WorkCover scheme).

WHSQ: Queensland WHS regulator.

SafeWork SA: SA WHS regulator.

WorkSafe WA: WA WHS regulator under WHS Act 2020 (WA).

WorkSafe Tas: Tasmanian WHS regulator.

WorkSafe ACT: ACT WHS regulator. Also administers portable long service leave schemes including the 2026 expansion to hospitality and beauty.

NT WorkSafe: NT WHS regulator.

Model WHS Act: Model federal WHS Act adopted (with variations) in NSW, Qld, SA, Tas, ACT, NT, Commonwealth (Comcare).

Work Health and Safety Act 2011 (model)

Free tools that help with this obligation:

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

Who must prepare a safe work method statement (SWMS) for high risk construction work?: 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. Whether it applies turns on a fact that no industry, structure or size settles on its own.
Do sole traders need to prepare a safe work method statement (SWMS) for high risk construction work?: Only if a further fact applies. Looking in construction (residential & commercial) and every size band, the engine's answer for a sole trader is: only if a further fact applies.
Do businesses with 1–5 employees need to prepare a safe work method statement (SWMS) for high risk construction work?: Only if a further fact applies (1–5 employees, turnover $100K–$1M).
When is "Prepare 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).

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.