Question 1

When is a SWMS legally required?

Accepted Answer

A Safe Work Method Statement (SWMS) is required before any high risk construction work starts. In harmonised states (NSW, QLD, SA, WA, TAS, ACT, NT and the Commonwealth) there are 18 high risk construction work categories under WHS Regulation reg 291, and reg 299 requires the SWMS to be prepared first. In Victoria, the Occupational Health and Safety Regulations 2017 (Vic) reg 322 lists 19 categories and reg 327 requires the SWMS. If the work is construction work and at least one of these categories applies, a SWMS is required.

Question 2

What are the 18 high risk construction work categories?

Accepted Answer

Under WHS Regulation reg 291 the 18 categories include: a risk of a person falling more than 2 metres; work on a telecommunication tower; demolition of a load-bearing structure; likely disturbance of asbestos; structural alterations needing temporary support; work in or near a confined space; a trench or shaft with an excavated depth greater than 1.5 metres, or a tunnel; use of explosives; work near pressurised gas, chemical, fuel or refrigerant lines; work near energised electrical installations; a contaminated or flammable atmosphere; tilt-up or precast concrete; work adjacent to a road or railway in use; an area with movement of powered mobile plant; artificial extremes of temperature; work over or near water with a drowning risk; and diving work.

Question 3

Is Victoria different for SWMS?

Accepted Answer

Yes. Victoria is not part of the harmonised WHS scheme. It uses the Occupational Health and Safety Regulations 2017 (Vic), the terms 'employer' and 'self-employed person' (not PCBU), and lists 19 high risk construction work categories under reg 322. Diving work is high risk construction work under both the Victorian and the model regulations. Reg 327 requires a SWMS before that work starts.

Question 4

What must a SWMS contain?

Accepted Answer

Under reg 299 (model) a SWMS must identify the high risk construction work, specify the hazards and risks to health and safety, describe the control measures, and describe how those control measures are to be implemented, monitored and reviewed. Victoria applies the same four content requirements under reg 327.

Question 5

Who is responsible for preparing the SWMS?

Accepted Answer

The PCBU carrying out the high risk construction work must ensure the SWMS is prepared before work starts (reg 299); in Victoria it is the employer or self-employed person (reg 327). On a construction project of $250,000 or more a principal contractor is appointed, and must obtain a copy of each subcontractor's SWMS before their high risk construction work starts. Subcontractors prepare their own SWMS.

Question 6

How long must a SWMS be kept?

Accepted Answer

Under model WHS Regulation reg 303 the SWMS must be kept until the work is complete; if a notifiable incident occurs in connection with the high risk construction work, it must be kept for at least 2 years from the date of the incident. Victoria differs: under reg 329 the SWMS is kept for the duration of the high risk construction work, with no 2-year extension.

Do I Need a SWMS? High Risk Construction Work Checker

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