SWMS Requirements in NSW: What the Law Says

Which law applies in NSW

New South Wales adopted the national model WHS laws, so SWMS obligations in NSW sit in the Work Health and Safety Act 2011 (NSW) and the Work Health and Safety Regulation 2017 (NSW). Because NSW mirrors the model scheme, the section numbers you will hear on any Australian site apply here too: s.291 defines high risk construction work and s.299 sets out when a SWMS is required and what it must contain.

The duty holder in NSW is the PCBU, the person conducting a business or undertaking. That covers companies, sole traders and self-employed subcontractors alike. If your business is about to carry out high risk construction work, your business is the one that must ensure a SWMS is prepared before the work starts. The regulator that enforces these duties in NSW is SafeWork NSW.

When a SWMS is required in NSW

A SWMS is only mandatory for high risk construction work. Section 291 of the WHS Regulation 2017 (NSW) lists 18 activities, lettered (a) to (r), that count as HRCW. If your job involves any one of them, a SWMS must be prepared before that work starts. The 18 activities are:

• Work where a person could fall more than 2 metres
• Work on a telecommunication tower
• Demolition of a load-bearing or structural element
• Work that disturbs asbestos
• Structural alterations or repairs needing temporary support
• Work in or near a confined space
• Work in a shaft or trench deeper than 1.5 metres, or in a tunnel
• Use of explosives
• Work on or near pressurised gas mains or piping
• Work on or near chemical, fuel or refrigerant lines
• Work on or near energised electrical installations or services
• Work in an area with a contaminated or flammable atmosphere
• Tilt-up or precast concrete work
• Work on, in or adjacent to a road, railway or shipping lane
• Work in an area where there is movement of powered mobile plant
• Work in an area with artificial extremes of temperature
• Work in or near water where there is a risk of drowning
• Diving work

What a NSW SWMS must contain

Section 299 of the WHS Regulation 2017 (NSW) sets four mandatory content requirements. A SWMS must identify the work that is high risk construction work, specify the hazards relating to that work 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.

Section 299 also requires the SWMS to be prepared with regard to the circumstances at the workplace, such as adjacent activities and site conditions, and to take account of the WHS management plan where the work is part of a construction project. It must be written so it is readily accessible and understandable to the workers who use it. A SWMS full of jargon that the crew cannot follow does not meet the standard.

There is one extra rule for fall work. If a SWMS for work involving a risk of falling more than 2 metres relies only on administrative controls or PPE, it must describe all the control measures that were considered, so the PCBU can show why higher-order controls such as elimination, isolation or engineering controls were not used.

Compliance, review and record keeping

Preparing the SWMS is only the first duty. The WHS Regulation 2017 (NSW) imposes ongoing obligations for as long as the high risk construction work continues.

On-the-spot fines apply for some SWMS breaches under the model penalty framework, including $432 for an individual and $2,160 for a body corporate for failing to review a SWMS or failing to keep it as required. Prosecution for more serious breaches carries substantially higher penalties under the WHS Act 2011 (NSW).

SafeWork NSW and what inspectors look for

SafeWork NSW is the WHS regulator for New South Wales. Its inspectors visit construction sites across the state and can ask to see the SWMS for any high risk construction work in progress. Because s.303 requires the SWMS to be readily available, telling an inspector the document is back at the office is not an answer, keep a copy on site, on paper or on a phone or tablet.

Inspectors commonly check that the SWMS actually matches the work being done, that it identifies the correct HRCW activities from s.291, that workers doing the task have been consulted on it and have signed on to it, and that it has been reviewed after any change to the job or the site. A generic document that has never been adapted to the site is one of the most common findings on NSW inspections.

Getting a compliant SWMS for NSW work

You can write a SWMS from scratch, but most small contractors start from a professionally prepared template and adapt it to the site. Whichever route you take, the legal test is the same: the finished document must satisfy s.299, cover the actual hazards of your job, and be reviewed under s.302 whenever things change.

GSR sells 753 editable Word safety documents across 22 trades and 7 document types, including SWMS from $79.95 and JSA from $19.95. Every document cites the relevant WHS provisions and AS/NZS standards, and each SWMS is structured around the s.299 content requirements so you can tailor it to your NSW site rather than building the framework yourself.

New South Wales at a glance

Related guides

• What Is a SWMS? Safe Work Method Statements Explained
• High Risk Construction Work: The Full List of 18 HRCW Activities
• SWMS Legal Requirements: Sections 299 to 303 Explained
• SWMS Requirements in Queensland