Safe Work Method Statements for High-Risk Construction Work in Western Australia

What it is

Western Australia 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 (General) Regulations 2022 (WA). Regulation 291 defines the 18 categories of high-risk construction work aligned with the model WHS Regulation.

WorkSafe WA (within Building and Energy under LGIRS from 1 July 2025) enforces the SWMS framework.

Categories align with model WHS

WA's regulation 291 categories match NSW, QLD, SA, TAS, ACT and NT. The identical 18-category list applies including work at heights, asbestos disturbance, confined space, deep excavation, tilt-up or precast concrete and work with energised electrical services.

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.

What the SWMS must contain

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

Review obligations

Regulation 300 requires review when the work method changes, if a control measure is inadequate, or after a notifiable incident.

The unique WA construction project trigger under reg 292

Regulation 292 of the WHS (General) Regulations 2022 (WA) defines a construction project by headcount rather than value. A construction project exists where 5 or more persons are or will be at the workplace at any one time.

That is unique in Australia. Every other jurisdiction uses a dollar-value trigger (SA $450,000, ACT $250,000, TAS $250,000, NT $1 million). The WA headcount rule is more predictable operationally but can trigger principal contractor duties on small projects that would fall below the threshold elsewhere.

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. Combined with the reg 292 headcount trigger, the principal contractor duties can attach to relatively small residential builds.

Penalties

Regulation 299 offence carries penalties as prescribed in the Regulations. WA penalty amounts are set in dollar figures.

Interaction with industrial manslaughter

SWMS failures that cause a workplace death can be prosecuted under section 30A industrial manslaughter (from 31 March 2022 when the WHS Act 2020 commenced). Non-existent or inadequate SWMS is treated by prosecutors as evidence of the required conduct-plus-causation elements.

Interaction with builder registration

WHS Act SWMS breaches by a WA registered builder can trigger Building Services Board disciplinary action alongside WorkSafe WA enforcement, particularly where deaths or serious injuries result.

How Western Australia compares

WA's SWMS framework aligns with the model WHS jurisdictions on the 18 categories and content requirements. The distinctive WA features are:

• reg 292 5-person headcount construction project trigger (unique in Australia)
• late 2022 adoption of the model WHS framework (WHS Act 2020 commenced 31 March 2022)
• integration of WorkSafe and Building and Energy under LGIRS from 1 July 2025