Do I need a SWMS?
Answer yes, no or unsure for each high risk construction work category to find out whether the job needs a safe work method statement before it starts, under your state’s rules.
Figures checked 5 November 2026. Free to use, no sign-in.
Your answer
Do you need a safe work method statement?
No SWMS required for this work
- Principal contractor duties apply to a construction project costing $250,000 or more in this jurisdiction.
- Before the work starts, give a copy of the SWMS to the principal contractor if the work is part of a construction project (r 301).
General information, not legal advice. Check the regulations for your state or territory.
How this works
A SWMS is required when construction work falls into at least one high risk construction work category. The model WHS Regulations list 18 categories in r 291, and the duty to have a SWMS before work starts is in r 299. NSW, Queensland, South Australia, Western Australia, Tasmania, the ACT, the Northern Territory and the Comcare scheme use the same numbers.
Victoria’s OHS Regulations 2017 list 19 categories in r 322 with different wording: any demolition counts, asbestos covers removal and disturbance, and tunnels are listed separately. The SWMS duty is r 327.
How answers count: one yes on construction work means a SWMS is required. Unsure never counts as a yes; it gives a “confirm before work starts” result listing what to check.
Not covered: mining, major hazard facilities and other work with its own safety case or management plan rules.
Legal basis
- Model WHS Regulations r 291 (high risk construction work), r 299–303 (SWMS)
- Work Health and Safety Regulation 2025 (NSW)
- Occupational Health and Safety Regulations 2017 (Vic) r 322–329
Checked against these sources on 5 November 2026. Spotted a figure that looks wrong? Tell us.
Questions
What is a SWMS?
A safe work method statement is a document that sets out the high risk construction work being done, its hazards and risks, the controls, and how those controls will be put in place and checked. It is required before high risk construction work starts.
Who has to prepare the SWMS?
The business carrying out the high risk construction work (the PCBU, or in Victoria the employer or self-employed person). On a construction project, a subcontractor usually prepares the SWMS for its own work and gives a copy to the principal contractor before starting.
Is a SWMS needed for every construction job?
No. Only work that falls into one of the high risk construction work categories needs a SWMS: 18 categories under the model regulations, 19 in Victoria. Other construction work still needs its risks managed, but no SWMS is required by law.
How long do I keep a SWMS?
Under the model regulations, until the high risk construction work is finished, or for at least 2 years after a notifiable incident connected with the work. In Victoria, for the duration of the high risk construction work.
Does a SWMS replace a risk assessment?
It records the risk controls for the high risk part of the job. You still need to manage the other risks on site, and on a construction project the principal contractor needs a WHS management plan (a health and safety coordination plan in Victoria).
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