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

What it is

Tasmania requires a Safe Work Method Statement (SWMS) to be prepared before any high-risk construction work commences under regulation 299 of the Work Health and Safety Regulations 2022 (Tas). Regulation 291 defines the 18 categories aligned with the model WHS Regulation.

WorkSafe Tasmania enforces the framework. The 2 October 2024 industrial manslaughter offence adds another layer of consequence for SWMS failures that cause a workplace death.

Categories align with model WHS

TAS regulation 291 lists the same 18 categories as NSW, QLD, WA, SA, ACT and NT. Work at heights above 2 metres, asbestos disturbance, confined space, deep excavation, tilt-up or precast concrete, energised electrical services and 12 other categories.

When a SWMS is required

Regulation 299 requires the SWMS to be prepared BEFORE the high-risk construction work commences.

SWMS content, review and principal contractor duties

Regulation 299 requires identification of the type of work, hazards, controls and implementation. Regulation 300 requires review on method change, control inadequacy or notifiable incident. Regulation 309 requires the principal contractor to obtain SWMS from each contractor.

Penalties

Regulation 299 offence carries penalties in line with the model WHS Regulation.

Interaction with 2 October 2024 industrial manslaughter

SWMS failures that cause a workplace death can be prosecuted under section 34C industrial manslaughter (from 2 October 2024). Non-existent or inadequate SWMS is treated by prosecutors as evidence of negligence.

The absence of home warranty insurance context

Tasmania's absence of compulsory home warranty insurance places more weight on the WHS framework as a consumer protection tool. SWMS failures that cause defects in workmanship can trigger both WorkSafe Tasmania enforcement and Building Practitioners Board disciplinary action.

Construction project threshold at $250,000

The WHS Regulations 2022 (Tas) construction project value trigger sits at $250,000, aligned with the ACT. Above the threshold, principal contractor duties attach including the reg 309 SWMS aggregation.

How Tasmania compares

TAS aligns with NSW, QLD, WA, SA, ACT and NT on the 18-category framework. Distinctive TAS features are the recent (2 October 2024) industrial manslaughter commencement and the $250,000 construction project trigger (mid-range across Australian jurisdictions).