What Is a SWMS?
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A SWMS (Safe Work Method Statement) is a legally required document that must be prepared before any high risk construction work starts in Australia. It identifies the high risk construction work being done, the hazards involved, and the control measures that will be used, in the hierarchy of controls order. The duty sits with the PCBU carrying out the work (WHS Regulation reg 299; in Victoria, the OHS Regulations 2017), the work must be carried out in accordance with the SWMS, and a copy must be available on site while the work is done.
When a SWMS is legally required
A SWMS is required for the 18 categories of high risk construction work defined in the WHS Regulations (reg 291), including:
- โ Any risk of a person falling more than 2 metres
- โ Work on or near energised electrical installations or services
- โ Work in or near a trench or shaft deeper than 1.5 metres, or a tunnel
- โ Demolition of a load-bearing structure
- โ Work likely to disturb asbestos
- โ Structural alterations needing temporary support
- โ Work in or near a confined space
- โ Tilt-up or precast concrete work
- โ Work on or adjacent to a road, railway, or other traffic corridor in use
- โ Work in an area with movement of powered mobile plant
Who prepares the SWMS
The PCBU carrying out the high risk construction work prepares the SWMS: for a subcontractor crew, that is the subcontractor, not the builder. The principal contractor must be given the SWMS before the work starts and commonly reviews it, which is where knock-backs happen. Workers doing the work must be consulted and must be able to access the SWMS on site.
The five SWMS duties in the Regulations
- โ reg 299: prepare the SWMS before high risk construction work starts
- โ reg 300: carry out the work in accordance with the SWMS, or stop until it is revised
- โ reg 301: review and revise the SWMS whenever the work, hazards, or controls change
- โ reg 302: keep a copy available and readily accessible while the work is carried out
- โ reg 303: retain the SWMS as required after the work
Common questions
โธWhat does SWMS stand for?
Safe Work Method Statement. It is often pronounced "swims" on site.
โธIs a SWMS the same as a JSA or risk assessment?
No. A SWMS is a specific legal document required for high risk construction work. A JSA (job safety analysis) is a general planning tool any task can use, with no fixed legal trigger. If the work is high risk construction work, a JSA does not satisfy the SWMS requirement.
โธWhat happens if I work without a SWMS?
Working on high risk construction work without a SWMS breaches the WHS Regulations and can attract enforcement action, and on managed sites the more immediate consequence is the principal contractor standing your crew down until the SWMS exists.
โธDoes Victoria use SWMS too?
Yes, but under its own law: the Occupational Health and Safety Regulations 2017 (Vic), which define high risk construction work in reg 322 and use different terminology (employer rather than PCBU). A SWMS written to the harmonised WHS Regulations should be adapted for Victorian sites.
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