SWMS Requirements Under the WHS Regulations
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The WHS Regulations impose five duties around Safe Work Method Statements: prepare a SWMS before high risk construction work starts (reg 299), carry out the work in accordance with it or stop until it is revised (reg 300), review and revise it whenever the work, hazards or controls change (reg 301), keep a copy readily accessible on site (reg 302), and retain it as required (reg 303). The SWMS must identify the high risk work, state the hazards, and describe controls in hierarchy order, and it must be prepared having regard to the specific workplace: site-specific is a legal requirement, not a builder preference.
What "site-specific" means in practice
- โ The actual site address and conditions appear in the document, not placeholders
- โ The work method reflects this crew, this equipment, and this scope
- โ Every HRCW category present on this job is identified and controlled
- โ Controls are implementable instructions, not "comply with all applicable legislation"
- โ Reused documents show evidence of review for this site: new details, date, sign-offs
How the duties are enforced
Two enforcement paths matter day to day. WHS inspectors ask for the SWMS first on any high risk construction work visit, and can issue improvement or prohibition notices when it is missing or inadequate. Faster and more common: the principal contractor refuses site access until an acceptable SWMS is in hand, because their own duties depend on collecting them. Either way, the crew does not work until the document exists.
Common questions
โธWho must prepare the SWMS?
The PCBU carrying out the high risk construction work: the subcontractor for subcontracted work, not the builder. The builder or principal contractor must receive it before the work starts.
โธHow often must a SWMS be reviewed?
Whenever the work, the hazards, or the control measures change, and before work resumes after any incident or non-compliance. There is no fixed calendar interval; the trigger is change.
โธHow long must a SWMS be kept?
Keep the SWMS until the high risk construction work is completed, and if a notifiable incident occurs in connection with the work, keep it for at least 2 years after the incident.
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