Unravelling Safe Work Method Statements

• construction work means any work carried out in connection with the construction, alteration, conversion, fitting-out, commissioning, renovation, repair, maintenance, refurbishment, demolition, decommissioning or dismantling of a structure. (reg 289)
• SWMS are only required to be prepared for HRCW as defined under WHS Construction Regulations (reg 291)
• HRCW does not include minor or business as usual maintenance. (Reg 291 (3) (d)

If the answer is no to the following questions then NO SWMS

• Is it construction work?
• Is it on the list of HRCW?

• The PCBU (contractor) doing the HRCW must prepare, implement and supervise any SWMS including communicate it to workers.
• The PCBU (contractor) doing the HRCW must update SWMS as necessary and keep a copy on site.
• The PCBU (contractor) doing the HRCW must give a copy of a SWMS to the Principal Contractor

• The obligations of a principal contractor under the construction regulations ONLY apply once the project is valued at over $250K or there will be 5 or more workers at any time. (Reg 292 and 293)
• A Principal Contractor must confirm any arrangements for the collection and any assessment, monitoring and review of safe work method statements at the workplace (reg 309)
• A Principal Contractor must take all reasonable steps to obtain a copy of SWMS (reg 312)

• NO – the duties of Principal Contractors under the construction regulations do not apply to you (contractor doing HRCW still need to prepare a SWMS)
• YES – The contractor must give you any SWMS they prepare, and you must take reasonable steps to get a copy. You must have processes for reviewing SWMS (focus on management of HRCW NOT overall processes for how the contractor does their work).

• Make sure your prequalification confirms with a contractor if they are undertaking HRCW and if they are that they must give you a copy of any SWMS prepared but are responsible for preparing and implementing it.
• Make sure your contractor knows what a SMWS is

This is a SWMS

This is not a SWMS

Let us help you draft the right prequalification to ensure your duties under WHS Regulations are clear and you are complying with them, but also not making your contractors jump through complex hoops preparing unnecessary paperwork.