Anywhere in Australia, if your crew does high risk construction work, you need a Safe Work Method Statement (SWMS) before the work starts. The rules are almost identical in every state and territory. This guide explains when you need a SWMS, what goes in it and what you must do with it on site, in plain English. Stuck? Call us. You’ll talk to a real person, not a call centre.
Are the SWMS rules the same in every state?
Very nearly. Queensland, NSW, WA, SA, Tasmania, the ACT, the NT and Commonwealth workplaces all use the national model Work Health and Safety (WHS) laws, so the SWMS rules are the same. Victoria has its own Occupational Health and Safety (OHS) laws. A SWMS is still required there for high risk construction work, with a very similar list and requirements. What does change between states is who you deal with:
| State or territory | Safety law | Regulator | Workers’ compensation |
|---|---|---|---|
| Queensland | WHS | WorkSafe Queensland | WorkCover Queensland |
| New South Wales | WHS | SafeWork NSW | icare (and approved insurers) |
| Victoria | OHS | WorkSafe Victoria | WorkSafe Victoria |
| Western Australia | WHS (since 2022) | WorkSafe WA | Approved insurers (WorkCover WA oversees) |
| South Australia | WHS | SafeWork SA | ReturnToWorkSA |
| Tasmania | WHS | WorkSafe Tasmania | Approved insurers |
| ACT | WHS | WorkSafe ACT | Approved insurers |
| Northern Territory | WHS | NT WorkSafe | Approved insurers |
State guides: SWMS in Queensland, SWMS in NSW and SWMS in Victoria.
Do I need a SWMS? The high risk construction work list
Under the model WHS Regulations, you need a SWMS for construction work that:
- involves a risk of a person falling more than 2 metres
- is carried out on a telecommunication tower
- involves demolition of a load-bearing element, or anything holding the structure together
- involves, or is likely to involve, disturbing asbestos
- involves structural alterations or repairs that need temporary support to prevent collapse
- is carried out in or near a confined space
- is carried out in or near a shaft or trench deeper than 1.5 metres, or a tunnel
- involves the use of explosives
- is carried out on or near pressurised gas mains or piping
- is carried out on or near chemical, fuel or refrigerant lines
- is carried out on or near energised electrical installations or services
- is carried out where there may be a contaminated or flammable atmosphere
- involves tilt-up or precast concrete
- is carried out on, in or next to a road, railway, shipping lane or other traffic corridor in use
- is carried out where powered mobile plant is moving (excavators, forklifts, cranes, concrete pumps and the like)
- is carried out in artificial extremes of temperature
- is carried out in or near water or other liquid with a risk of drowning
- involves diving work
Victoria’s list is very similar, with 19 items (see our SWMS in Victoria guide). It covers any demolition, not just load-bearing, and lists tunnels as a separate item.
Most trades tick at least one box on a normal week: ladders and roofs (falls over 2 m), working near live power, a bobcat or excavator on site, a trench for plumbing, or older homes that may contain asbestos.
What a SWMS must include
- the work that is high risk construction work
- the hazards and the risks to health and safety from that work
- the control measures you will use
- how those controls will be put in place, monitored and reviewed
- the conditions at this workplace and, on a construction project, the principal contractor’s WHS management plan
It should also show your business name and ABN, who is responsible for making sure it’s followed, the principal contractor and site address (on a construction project), and the dates it was prepared, given to the principal contractor and reviewed. Worker names and sign-offs are strongly recommended.
Be specific. “Use appropriate PPE” doesn’t cut it. Say exactly what PPE, which barriers and which method, so nobody on site has to guess.
Your SWMS duties on site
- Before work starts: make sure a SWMS is prepared and give a copy to the principal contractor.
- Talk to your workers: involve the people doing the work, and make sure they understand the hazards and controls.
- Follow it: if the work isn’t being done the way the SWMS says, stop as soon as it’s safe, and don’t restart until it can be.
- Review it: when controls, the site or conditions change, review it and brief the crew.
- Keep it: keep it available until the work is finished. If a notifiable incident happens, keep it for at least 2 years.
Plain-English answers to common questions
- Do I need a SWMS for every job?
- Do sole traders need a SWMS?
- SWMS vs Risk Assessment (JSA) vs Take 5
- What safety documents does a tradie need?
Three ways to get your SWMS sorted
1. Do it yourself with the Projects One app
Build a site-specific SWMS step by step on your phone or computer, get your crew to sign on site, and copy it for the next job. Works anywhere in Australia. See how the SWMS app works or check our prices.
2. We write it for you
Short on time or tendering for a bigger job? We’ll write your SWMS for your actual job and site. SWMS done for you, done right.
3. Prefer paper?
We can prepare your safety documents and send them ready to sign. Paper safety documents.
Talk to a real person
Projects One started as a small construction business drowning in safety paperwork too. We talk tradie, not acronyms, and we help tradies right around Australia. Give us a call and we’ll tell you what your business actually needs.
SWMS FAQs
Is a SWMS a legal requirement in every state?
Yes. Every state and territory requires a SWMS before high risk construction work starts. Victoria does it under its OHS Regulations, and everywhere else under the WHS Regulations.
Can I use the same SWMS in different states?
The content requirements are almost the same, so a well-written SWMS will work anywhere. You still need to review it for each site, and in Victoria check it against Victoria’s high risk construction work list.
Is a SWMS the same as a Risk Assessment (JSA) or a Take 5?
No. A SWMS is the document the law requires for high risk construction work. A Risk Assessment (some people call it a JSA or JHA) or a Take 5 is a useful tool, but it doesn’t replace a SWMS when one is required.
How long do I keep a SWMS?
Until the high risk construction work is finished. If a notifiable incident happens, keep it for at least 2 years. Keep every version if you revise it.
General information based on the model Work Health and Safety Regulations and WorkSafe Victoria guidance. It isn’t legal advice. For your situation, give us a call or check with the regulator in your state.