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

What it is

Queensland requires a Safe Work Method Statement (SWMS) to be prepared before any high-risk construction work commences. The requirement sits in regulation 299 of the Work Health and Safety Regulation 2011 (Qld). Regulation 291 defines the 18 categories of high-risk construction work.

Workplace Health and Safety Queensland enforces the SWMS framework alongside the section 38 notifiable incident framework and the section 34C industrial manslaughter offence.

The 18 categories align with model WHS

QLD's regulation 291 categories match the model WHS Regulation used in NSW, WA, SA, TAS, ACT and NT. Work with a risk of falling more than 2 metres, demolition of load-bearing elements, disturbance of asbestos, confined space, deep excavation, explosives, tilt-up or precast concrete and 10 other categories.

The identical category list allows a builder operating in multiple model WHS jurisdictions to use consistent SWMS templates across projects, subject to state-specific enforcement variations.

When a SWMS is required

Regulation 299 requires the SWMS to be prepared BEFORE the high-risk construction work commences. Preparation after work has started or after an incident does not satisfy the regulation.

What the SWMS must contain

Regulation 299 requires the SWMS to identify the type of work, hazards and risks, control measures plus how the control measures will be implemented and monitored.

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

Review obligations

Regulation 300 requires the SWMS to be reviewed and if necessary revised when 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.

Penalties

Regulation 299 offence carries penalties up to $6,450 for an individual and $32,250 for a body corporate. Repeated SWMS failures can contribute to QBCC licensing demerit points under Schedule 5 of the QBCC Regulation 2018.

Interaction with industrial manslaughter

SWMS failures that cause a workplace death can be prosecuted under section 34C industrial manslaughter (from 23 October 2017). Non-existent or inadequate SWMS is treated by prosecutors as evidence of negligence in industrial manslaughter proceedings.

Interaction with BIF Act

The Building Industry Fairness (Security of Payment) Act 2017 (Qld) does not directly regulate SWMS but the BIF Act payment framework interacts with SWMS obligations through variation and adjudication provisions. A contractor claiming payment for work done needs to demonstrate that SWMS obligations were met for the relevant scope.

How Queensland compares

QLD's SWMS framework aligns with NSW, WA, SA, TAS, ACT and NT under the model WHS regulation. The distinctive QLD features are the interaction with QBCC licensing (SWMS failures can contribute to licensing action) and the 2017-commenced industrial manslaughter framework (earliest in Australia).