Safe Work Method Statements for High-Risk Construction Work in NSW

What it is

New South Wales requires a Safe Work Method Statement (SWMS) to be prepared before any of 18 categories of high-risk construction work commences. The requirement sits in regulation 299 of the Work Health and Safety Regulation 2017 (NSW). Regulation 291 defines the 18 categories.

SafeWork NSW enforces the SWMS framework. Every builder or subcontractor undertaking high-risk construction work in NSW must have a compliant SWMS before starting.

The 18 categories of high-risk construction work

Regulation 291 defines high-risk construction work as construction work that:

• involves a risk of a person falling more than 2 metres
• is carried out on a telecommunication tower
• involves demolition of load-bearing elements
• involves disturbance of asbestos
• involves structural alterations or repairs requiring temporary support to prevent collapse
• is carried out in or near a confined space
• is carried out in or near a shaft or trench with an excavated depth greater than 1.5 metres or a tunnel
• involves the use of explosives
• is carried out on or near pressurised gas distribution 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 in an area that may have a contaminated or flammable atmosphere
• involves tilt-up or precast concrete
• is carried out on, in or adjacent to a road, railway, shipping lane or other traffic corridor that is in use
• is carried out in an area at a workplace in which there is any movement of powered mobile plant
• is carried out in an area in which there are artificial extremes of temperature
• is carried out in or near water or other liquid that involves a risk of drowning
• involves diving work

The 18 categories are identical across all model WHS jurisdictions (NSW, QLD, WA, SA, TAS, ACT, NT). Victoria's OHS Regulations 2017 (Vic) use a similar but not identical list under reg 5.1.9.

When a SWMS is required

Regulation 299 requires the SWMS to be prepared BEFORE the high-risk construction work commences. That is a strict pre-commencement obligation. Preparing the SWMS after work has started or after an incident does not satisfy regulation 299.

The SWMS must be prepared by the person conducting the business or undertaking who is carrying out or arranging the high-risk construction work (typically the principal contractor for direct control work, or the specialist subcontractor for their scope).

What the SWMS must contain

Regulation 299 requires the SWMS to identify:

• the type of high-risk construction work being done
• the health and safety hazards and risks arising from that work
• the measures to be implemented to control those risks
• how the control measures are to be implemented, monitored and reviewed

The SWMS must be readily accessible to workers before they start the high-risk construction work.

SWMS review obligations

Regulation 300 requires the SWMS to be reviewed and if necessary revised whenever the work method changes, if a control measure is inadequate, or after a notifiable incident.

Principal contractor duties

Regulation 309 requires the principal contractor to obtain from each contractor a copy of the SWMS for high-risk construction work carried out by that contractor. That aggregation duty is critical for multi-contractor sites.

Penalties

Regulation 299 offence carries penalties up to $6,450 for an individual and $32,250 for a body corporate. Regulation 300 review failures carry the same penalty framework. Repeat regulation 299 breaches are considered by SafeWork NSW in category 2 or 3 offence prosecutions.

How NSW compares

NSW's SWMS framework aligns with QLD, WA, SA, TAS, ACT and NT under the model WHS Regulation. The distinctive NSW features are the frequency of SafeWork NSW enforcement activity and the interaction with the Building Commission NSW licensing framework: SWMS failures can trigger both WHS Act and licensing consequences.

TradeForm NSW templates provide SWMS templates for each of the 18 categories, tailored to the residential construction context.