A person conducting a business or undertaking (PCBU) carrying out high risk construction work is required under the Work Health and Safety Regulation 2011 (WHS Regulation) to:
All duty holders involved in a high risk work activity must make sure:
A new Safe Work Method Statement (SWMS) tool has been published on the Safe Work Australia website to provide guidance on what a SWMS does, how it makes a difference, how to prepare one, and how to use it in the workplace and keep it up to date. Visit the Safe Work Australia website to access the tool.
The primary purpose of a SWMS is to help supervisors, workers and any other persons at the workplace to understand the requirements that have been established to carry out the high risk construction work in a safe and healthy manner.
Both simple and complex activities can be broken down into a series of basic steps that will allow for full analysis of each part of the activity for hazards and potential incidents. The description of the process should not be so broad that it leaves out activities with the potential to cause incidents and prevents proper identification of the hazards nor is it necessary to go into fine detail of the tasks.
The aim of a SWMS is to:
The SWMS must be able to be easily read by those who need to know what has been planned to manage the risks and implement the control measures and ensure the work is being carried out in accordance with the SWMS.
When preparing a SWMS the following must be taken into account:
A SWMS should also include the following information:
A SWMS may also include:
The content of a SWMS should provide clear direction on the control measures to be implemented. There should be no statements that require a decision to be made by supervisors or workers. For example, the statement 'use appropriate PPE' does not detail the control measures. The control measures should be clearly specified.
Workers and their health and safety representatives should be consulted in the preparation of the SWMS. If there are no workers engaged at the planning stage, consultation should occur with workers when the SWMS is first made available to workers for example, during induction training, or when it is reviewed such as during workplace-specific training or a toolbox talk.
For more information on developing a SWMS, see the template located in appendix B of the Working safely in the house relocation industry guide.
A PCBU that carries out high risk construction work must ensure a SWMS is prepared or has already been prepared by another person before the proposed work commences.
If more than one PCBU is involved then each PCBU must, so far as is reasonably practicable, consult, cooperate and coordinate activities with all other PCBUs.
A PCBU (in consultation with workers who will be directly engaged in the high risk construction work) is best placed to prepare the SWMS because they understand the work being carried out and the workers undertaking the work and can ensure the SWMS is implemented, monitored and reviewed correctly.
There may be situations where there are different types of high risk construction work occurring at the same time at the same workplace.
Examples (These examples are indicative and provided as guidance only)
If this is the case, it is possible for one SWMS to be prepared to cover all the high risk construction work being carried out at the workplace. Alternatively, a separate SWMS can be prepared for each type of high risk construction work. If separate SWMSs are prepared, thought must be given to how the different work activities may impact on each other and whether this may lead to inconsistencies between the various control measures.
In this case, the contractors may decide to prepare one SWMS to cover both types of high risk construction work or they may decide to prepare separate SWMSs. If separate SWMSs are being prepared, consultation, coordination and cooperation between the contractors must occur to the extent necessary to avoid inconsistencies and ensure that each contractor is carrying the work out safely.
A generic SWMS may be prepared and used for work activities that are carried out on a regular basis. The content of this type of SWMS may be refined over a number of years and include consultation with workers and other PCBUs. Prior to each new activity, the SWMS must be reviewed and revised to ensure it applies to the high risk construction work and the actual workplace.
A PCBU must ensure that all workers who will be involved in high risk construction work are provided with information and instruction so they:
For example, this information and instruction may be provided during induction training, workplace-specific or during a toolbox talk by principal contractor, contractor or subcontractor.
The SWMS must be kept and be available for inspection until at least the high risk construction work is completed. Where a SWMS is revised, all versions should be kept.
If a notifiable incident occurs in relation to high risk construction work to which the SWMS relates, then the SWMS must be kept for at least 2 years from the occurrence of the notifiable incident. If the construction work at the workplace has ceased within that period then the PCBU should keep the SWMS readily available for inspection.
The SWMS may be kept at the workplace where the high risk construction work will be carried out. If this is not possible, then the SWMS should be kept at a location where it can be delivered to the workplace promptly.
A PCBU must ensure the SWMS is available:
The workers that are carrying out the high risk construction work do not necessarily need a copy of the SWMS. However, they must be aware of and understand the hazards and controls so that the work can be carried out in accordance the SWMS (section 39, WHS Regulation).
A SWMS must be reviewed regularly to make sure it remains effective. A SWMS must be reviewed (and revised if necessary) if relevant control measures are revised.
The review process should be carried out in consultation with workers (including contractors and subcontractors) who may be affected by the operation of the SWMS and their health and safety representatives who represented that work group at the workplace.
When a SWMS has been revised the PCBU must ensure: