Who Is Responsible for the SWMS on a Construction Site?

Estimated Reading Time: 5 min read

Key Takeaways

• A SWMS must be prepared before High Risk Construction Work starts.
• The person conducting a business or undertaking (PCBU) carrying out the HRCW must ensure a SWMS is prepared, or has already been prepared, before that work begins.
• More than one business can have responsibilities relating to the same work.
• Workers should be consulted and carry out the work in accordance with the SWMS.
• On certain construction projects, the principal contractor has additional duties relating to SWMS.
• A SWMS should be reviewed if the work isn’t being carried out in accordance with it or if the controls need to change.

Who Is Legally Responsible for Preparing a SWMS?

Under Australia’s model WHS framework, the PCBU carrying out High Risk Construction Work must ensure a SWMS is prepared before the work commences. A PCBU could be a company, contractor, subcontractor, sole trader or another business undertaking the work. If you’re unfamiliar with the term, SafetyCheck’s guide to what PCBU means explains it in straightforward terms.

The SWMS can be prepared by another person, but the PCBU carrying out the HRCW still needs to ensure an appropriate SWMS is in place. It should be developed in consultation with the workers who will perform the work and, where relevant, other duty holders involved in the project.

Is the Builder Responsible for the SWMS?

Sometimes, but not automatically for every SWMS on the site. A builder may have their own SWMS for High Risk Construction Work their business performs. Subcontractors carrying out their own high-risk work will generally have responsibilities for ensuring a SWMS is prepared for that work.

For example, an electrician undertaking high-risk electrical work shouldn’t simply assume the builder’s general site documentation covers their activities. Their SWMS needs to address the actual work, hazards, risks and control measures involved. Small builders should also understand their broader WHS obligations when coordinating workers and subcontractors.

Is the Subcontractor Responsible for Their SWMS?

If a subcontractor’s business is carrying out HRCW, it has duties relating to the SWMS for that work. Take roofing as an example. If a roofing contractor is undertaking work that meets the definition of HRCW, the contractor needs to ensure an appropriate SWMS is prepared before that work begins. A roofing work SWMS template can provide a starting point, but it still needs to reflect the actual job.

The same principle applies to electricians, plumbers, demolition contractors and other trades carrying out high-risk construction activities. Responsibilities can overlap on construction projects, so businesses should consult, cooperate and coordinate where they share WHS duties rather than assuming another contractor has taken care of everything.

What Is the Principal Contractor Responsible for?

Principal contractors can have additional responsibilities on construction projects covered by the relevant WHS requirements. Under the model WHS Regulations, a principal contractor for a construction project must take reasonable steps to obtain a copy of the SWMS relating to HRCW before that work commences. Arrangements also need to be in place to ensure the work is carried out in accordance with the SWMS.

This doesn’t simply transfer responsibility for preparing every subcontractor’s SWMS to the principal contractor. The businesses carrying out the high-risk work retain their own duties. Project structures can become complicated fairly quickly, which is why it’s useful to clarify SWMS responsibilities before anyone starts work.

What Are Workers Responsible for?

Workers have an important role too. A SWMS should be developed with input from the people doing the work. After all, they’re often the ones who have the clearest understanding of how a task is actually completed and where things can go wrong.

Workers need to understand the relevant control measures and carry out the work in accordance with the SWMS. If site conditions change or the documented controls aren’t practical, the issue should be raised rather than simply ignoring the SWMS. Regular toolbox talks can also help keep workers informed when hazards or work methods change.

Who Needs to Sign a SWMS?

There’s a common assumption that simply collecting signatures makes a SWMS compliant. It’s not quite that simple. The important thing is that workers are consulted, understand the controls that apply to their work and carry out the work in accordance with the SWMS. Site or company processes may also require workers to acknowledge or sign the document.

Digital systems can make this process easier, particularly when several people are working across different sites. SafetyCheck allows businesses to request signatures without passing paper forms around the site. A signature shouldn’t replace proper consultation, though. Workers still need to understand what they’re agreeing to and how the controls apply to the job.

What Happens if the Work Doesn’t Follow the SWMS?

If HRCW isn’t being carried out in accordance with the SWMS, the work must stop as soon as it is safe to do so. It shouldn’t restart until the work is being performed in accordance with the SWMS. The SWMS should also be reviewed and, where necessary, revised if the control measures aren’t adequately controlling the risks or if the way the work is being carried out changes.

This is why copying an old document and putting a new project address at the top isn’t enough. A SWMS needs to reflect what’s actually happening on site. Our guide to what’s in a SWMS explains what should be covered in the document.

Who Is Responsible for Keeping the SWMS on Site?

The SWMS needs to be readily accessible to people who need it, including workers carrying out the high-risk work. There are also requirements around keeping a SWMS and making it available for inspection. Exactly how these duties apply can depend on the project structure and jurisdiction, so businesses should check the requirements of their local WHS regulator.

A digital copy can make access considerably easier. Rather than trying to work out which folder contains the latest version, businesses can share a digital SWMS with workers and other relevant people.

Does Responsibility Change Between Australian States?

The basic approach is broadly consistent across jurisdictions that use legislation based on Australia’s model WHS framework. However, businesses should always check the legislation applying where the work is taking place. Victoria is particularly important because it operates under its own OHS legislation rather than the model WHS laws. Requirements and terminology shouldn’t simply be assumed to be identical. If you work interstate, SafetyCheck’s guide to SWMS in different states provides a useful overview.

How Can Builders and Tradies Manage SWMS Responsibilities?

The simplest approach is to establish responsibility before work begins. Confirm who is carrying out each high-risk activity, who will prepare the SWMS and who needs to review it. Workers should then be consulted so the document reflects how the job will actually be performed.

From there, keep the SWMS accessible and review it whenever the work or risks change. For recurring jobs, you don’t necessarily have to start with a blank page every time. You can create a SWMS from a template and then customise it for the specific project.

Create and Manage Your SWMS with SafetyCheck

Knowing who’s responsible for a SWMS is important, but keeping documents organised across workers and job sites can still become a headache. SafetyCheck helps small Aussie builders and tradies create, update and share SWMS online. You can choose from more than 40 pre-filled SWMS templates, customise them for the work being carried out and share the latest version with your team.

Whether you’re a sole trader preparing your own documents or a builder coordinating several crews, keeping SWMS accessible makes it easier for everyone to know what controls they’re expected to follow. Explore SafetyCheck pricing or contact the SafetyCheck team to find a simpler way to manage your SWMS.