Excavation / Earthmoving SWMS in Victoria
In Victoria, excavation / earthmoving contractors must prepare a Safe Work Method Statement before starting high risk construction work, under OHS Regulations 2017 (Vic) reg 327 (Victoria runs its own OHS scheme, not the harmonised WHS laws). The regulator is WorkSafe Victoria. For excavation / earthmoving work the SWMS must be site-specific and cover the high risk categories the trade routinely hits: work in or near a shaft or trench deeper than 1.5 m, or a tunnel, work in an area with movement of powered mobile plant, work on, in or adjacent to a road, railway or other traffic corridor in use, work on or near energised electrical installations or services. One SWMS can cover several of those activities. A generic template can be reused for recurring work only if it is reviewed and adapted to each site's hazards first; an unreviewed copy does not meet the requirement.
The SWMS law in Victoria
Excavation / Earthmoving work in Victoria is regulated by WorkSafe Victoria under the Occupational Health and Safety Act 2004 (Vic) and the Occupational Health and Safety Regulations 2017 (Vic). The duty to prepare a SWMS before high risk construction work is set by OHS Regulations 2017 (Vic) reg 327, and the high risk construction work itself is defined in OHS Regulations 2017 (Vic) reg 322 (high risk construction work). Victoria is the exception in Australia: it kept its own OHS Act and Regulations, so the terminology (employer, not PCBU) and the regulation numbers differ, and an interstate SWMS should be rewritten rather than reused.
Victoria never adopted the harmonised model WHS laws: it keeps its own OHS Act 2004 and OHS Regulations 2017, refers to the "employer" rather than the "PCBU", and sets its own high risk construction work list under reg 322, so an interstate SWMS must be rewritten for a Victorian site.
Victoria's workplace manslaughter offence has applied since 1 July 2020 under the OHS Act 2004 (Vic), carrying up to 25 years imprisonment for an individual and multi-million-dollar fines for a body corporate. A site-specific SWMS is part of how a excavation / earthmoving business shows it identified and controlled the high risk work these duties attach to, rather than relying on a generic template.
High risk work for excavation / earthmoving crews
The high risk construction work categories a excavation / earthmoving SWMS usually has to cover:
- ✓ Work in or near a shaft or trench deeper than 1.5 m, or a tunnel
- ✓ Work in an area with movement of powered mobile plant
- ✓ Work on, in or adjacent to a road, railway or other traffic corridor in use
- ✓ Work on or near energised electrical installations or services
Typical excavation / earthmoving activities that each need their own SWMS:
- · Trench excavation deeper than 1.5 m with shoring or benching
- · Bulk excavation with excavator and truck movements
- · Excavation near underground services (locate and pothole)
- · Working near overhead powerlines
- · Excavation adjacent to roads and traffic corridors
- · Footing, pier and shaft excavation
Hazards a excavation / earthmoving SWMS has to control
The hazards that recur on excavation / earthmoving jobs and that a site-specific SWMS is expected to address:
- ⚠ Trench and excavation collapse
- ⚠ Underground service strikes
- ⚠ Overhead powerlines
- ⚠ Powered mobile plant near workers on foot
- ⚠ Traffic on adjacent roads
- ⚠ Water ingress
The rules a excavation / earthmoving SWMS is written against
Because Victoria runs its own OHS scheme rather than the harmonised model WHS laws, a excavation / earthmoving SWMS here is written against the Occupational Health and Safety Regulations 2017 (Vic) and WorkSafe Victoria's trade guidance, not the model regulation numbers used interstate. The hazards above are controlled under Victoria's own duties, and an interstate SWMS should be rewritten rather than reused.
What Victoria builders check before you start
A principal contractor in Victoria collects your SWMS before your crew goes on site and checks four things: that it is site-specific to this job (not a reused template), that every high risk category for excavation / earthmoving work is covered and controlled, that controls follow the hierarchy rather than jumping to PPE, and that it cites Victoria legislation. SWMS Pack writes to all four: your site details throughout, OHS Regulations 2017 (Vic) reg 327 cited, and an adversarial review pass before delivery.
Common questions
▸Do excavation / earthmoving contractors need a SWMS in Victoria?
Yes, whenever the work involves any high risk construction work, which for excavation / earthmoving work it usually does (work in or near a shaft or trench deeper than 1.5 m, or a tunnel and work in an area with movement of powered mobile plant). The duty to prepare it sits with the employer carrying out the work, under OHS Regulations 2017 (Vic) reg 327.
▸Which law covers SWMS in Victoria?
The Occupational Health and Safety Act 2004 (Vic) and the Occupational Health and Safety Regulations 2017 (Vic), enforced by WorkSafe Victoria. Victoria never adopted the harmonised WHS laws, so its terminology and regulation numbers differ from the other states, and an interstate SWMS should be rewritten for Victorian sites.
▸How fast can I get a excavation / earthmoving SWMS for a Victoria site?
About 5 minutes of questions, then the document is generated and verified in a few minutes and downloads straight away, written to Victoria legislation and to your specific site.
Excavation / Earthmoving SWMS in other states
New South WalesQueenslandWestern AustraliaSouth AustraliaTasmaniaAustralian Capital TerritoryNorthern Territory
Other trades in Victoria
ElectricianPlumberCarpenterRooferScaffolderConcreterBricklayerPainterTilerDemolitionSolar Installer