Do I Need a SWMS for Confined Spaces?

Yes — confined space work legally requires a SWMS

Under s.291(f) of the model WHS Regulations, construction work carried out in or near a confined space is high risk construction work (HRCW). Once work is HRCW, s.299 requires the person conducting the business or undertaking (PCBU) to prepare a safe work method statement before the work starts. That applies to sole traders and small subcontractors just as much as big companies — if your crew is entering a sewer, tank, pit or pump well on a construction job, a SWMS is not optional.

The wording matters: the trigger is work in or near a confined space. Workers who never enter the space — the standby person at the opening, someone lowering tools or operating a winch, a crew breaking into a sewer line from outside — are still doing HRCW. Your SWMS has to cover the whole task and everyone involved in it, not just the person who physically goes in.

What actually counts as a confined space

The WHS Regulations contain a precise legal definition of confined space, so if you are unsure whether a particular space qualifies, check the definition in your jurisdiction's regulations or ask your regulator before you rule it in or out. As a practical rule of thumb, think of an enclosed or partially enclosed space that is not designed for people to work in, where the air or the contents can hurt you — harmful gases or vapours, too little oxygen, or material that could engulf someone.

Common examples on construction and maintenance jobs include:

• Sewers, sewer maintenance holes and access chambers
• Stormwater pits, wet wells and pump stations
• Septic tanks, grease traps and holding tanks
• Water tanks, rainwater tanks and fire service tanks
• Swimming pool balance tanks and below-ground plant pits
• Silos, hoppers and storage bins
• Pipes, culverts, ducts and service tunnels
• Underfloor voids and cellars with restricted entry and poor ventilation

The other HRCW triggers that usually come with it

Confined space jobs rarely trigger only one HRCW category. A sewer connection, wet well service or tank clean-out will often tick two or three of the 18 activities listed in s.291. That is fine — one SWMS can cover multiple HRCW categories — but s.299(2) requires the document to identify each type of HRCW being done, so you need to name every trigger that applies, not just the obvious one.

What the law says your confined space SWMS must contain

s.299(2) sets out four mandatory elements for every SWMS: identify the work that is high risk construction work, specify the hazards relating to it and the risks to health and safety, describe the measures to be implemented to control those risks, and describe how the control measures will be implemented, monitored and reviewed. Under s.299(3), the SWMS must also take into account the circumstances at the workplace — things like adjacent activities, weather and underground services — and, if the job is part of a construction project, the principal contractor's WHS management plan. It must be readily accessible and understandable to the workers who use it.

Control measures in the SWMS must follow the hierarchy of control: elimination first, then substitution, isolation and engineering controls, with administrative controls and PPE only as the last line. For confined spaces, the strongest control is often not entering at all — elimination sits at the top of the hierarchy, so your SWMS should show whether the job could reasonably be done without anyone entering the space.

One thing a SWMS is not: a confined space entry permit. Confined space entry has its own separate requirements under the WHS Regulations, beyond the SWMS provisions in Part 6.4 — check with your state or territory regulator about the entry controls, including any permit system, that apply to your job. Where a permit system operates, the SWMS sits alongside it, and one does not replace the other.

State differences: Victoria and Western Australia

Victoria is not part of the harmonised national WHS scheme. Confined space construction work there is covered by the Occupational Health and Safety Act 2004 (Vic) and the Occupational Health and Safety Regulations 2017 (Vic). High risk construction work is defined in Reg 322 — Victoria lists 19 classes, including a confined spaces class — while the SWMS duty sits in Reg 327 and falls on the employer. Victoria's regulations use their own wording for each class, so check Reg 322 for the exact terms. The regulator is WorkSafe Victoria.

Western Australia adopted its own version of the model laws: the Work Health and Safety Act 2020 (WA) and the Work Health and Safety (General) Regulations 2022 (WA). The content is aligned with the national model, but HRCW is defined in Reg 291 and the SWMS duty is Reg 299, enforced by WorkSafe WA. In NSW, Queensland, South Australia, Tasmania and the ACT, the familiar s.291 and s.299 numbering applies under each jurisdiction's WHS regulations. The Northern Territory uses the same provision numbers, cited as Reg 291 and Reg 299, under the Work Health and Safety (National Uniform Legislation) Regulations 2011 (NT), enforced by NT WorkSafe.

Staying compliant once the job starts

Preparing the SWMS is only step one. Under s.300, the work must be carried out in accordance with the SWMS — if it is not, work must stop immediately or as soon as it is safe to do so, and only resume in accordance with the statement. Under s.301, if you are working under a principal contractor, they must be given a copy of your SWMS before the HRCW starts, so have it ready before you mobilise, not after.

s.302 requires the SWMS to be reviewed, and revised if necessary, whenever relevant circumstances change — a different site, a revised control measure, or an incident. s.303 requires the SWMS to be kept and remain available until the HRCW is completed. These are the provisions inspectors check first, and failing to review or keep a SWMS attracts on-the-spot fines of $432 for individuals and $2,160 for body corporates under the model scheme.

If you need a compliant starting point, GSR sells editable Word SWMS templates from $79.95 — part of a safety document library covering 22 trades. Whatever template you start from, the law requires you to make it site-specific before work begins.

Related guides

• High Risk Construction Work: The Full List of 18 HRCW Activities
• What Is a SWMS? Safe Work Method Statements Explained
• SWMS Legal Requirements: Sections 299 to 303 Explained
• Do I Need a SWMS for Working at Heights?