QLD SWMS Rejection
Introduction
Safety is a critical consideration in the construction industry due to the inherent risks associated with building and related projects. To protect workers from these hazards, a person conducting a business or undertaking is required by law to assess the risks associated with the work and take appropriate measures to prevent accidents and injuries. In Queensland, this process is regulated by the Work Health and Safety Act 2011 (Qld) and the Work Health and Safety Regulation 2011 (Qld), which require a Safe Work Method Statement to be prepared before high risk construction work starts (Queensland Government, 2011a; Queensland Government, 2011b).
This document outlines the specific risks involved in a job and the steps that workers must take to mitigate those risks. It is essential that these documents are created with care and consideration, as they form part of a business’s safety strategy for a given project. A poorly written SWMS can lead to confusion and increase the likelihood of accidents, so it is important to understand the common issues that may result in SWMS rejection during review. By addressing these concerns proactively, a person conducting a business or undertaking can help ensure the safety of workers and comply with all relevant legal requirements.
Templates vs a Site-Specific SWMS
A SWMS that does not comply with Section 299 of the Work Health and Safety Regulation 2011 (Qld) is likely to be rejected during a SWMS audit. The Regulation states that a SWMS must identify the specific high risk construction work, the hazards and risks associated with that work, and the control measures used to manage those risks. Merely providing a generic template that does not reflect the unique hazards of a particular worksite is unlikely to meet this standard (Queensland Government, 2011b).
To satisfy Section 299 and avoid rejection, employers should take the following steps when preparing their SWMS:
1. Assess the hazards
Conduct a thorough hazard assessment of the specific work activity being undertaken on site. Identify all potential risks associated with the work, including but not limited to slips, trips and falls; moving vehicles and machinery; noise and vibration; dust and fumes; and heat and cold stress.
2. Consult the workers
Consult with workers who will be performing the work to ensure that all hazards are identified. In some cases, workers may identify hazards that are not immediately obvious to employers or supervisors.
3. Implement control measures
Implement control measures to minimise the risks identified in step 1. Where possible, consider using higher order controls before relying on administrative controls and personal protective equipment (PPE). Ensure that workers are trained on how to use any new equipment or processes introduced as part of these measures.
4. Document a site-specific SWMS
Document all hazards and control measures identified and implemented in a site-specific SWMS. The document should be clear and concise, and should be accessible to workers at all times while they are performing the work activity. A generic SWMS can be used for recurring high risk construction work, but only if it is reviewed and revised for the actual work and workplace; a generic template that is not customised for the specific worksite is unlikely to comply with Section 299.
5. Monitor and review
Monitor the effectiveness of the control measures implemented in step 3 on an ongoing basis. Where necessary, review and update the SWMS to reflect any changes in the work activity or new hazards that emerge.
By following these steps, employers can ensure that their SWMS meets the requirements set out in Section 299 of the Work Health and Safety Regulation 2011 (Qld), and is less likely to be rejected during review (Queensland Government, 2011b).
Identifying the High Risk Construction Work
A SWMS is the specific document required for the 18 categories of high risk construction work defined in section 291. Construction work is high risk construction work if it falls into any of these categories:
Section 299(2)(a) requires the statement to identify the work that is high risk construction work. A reviewer checks that each category present on site is identified and covered, and that the document is not padded with work that falls outside its scope. Section 299(3)(b) requires the statement to be set out and expressed in a way that is readily accessible and understandable to the people who use it, so keep it short and focused on the specific hazards and controls rather than long and over-detailed.
Matching the SWMS to the Actual Hazards
A SWMS that does not clearly match the actual hazards associated with the work being carried out is likely to be rejected by the principal contractor or a WHS inspector. A generic or template filled SWMS that has not been reviewed for the particular site, task and conditions is unlikely to meet the requirements of the WHS Regulations and will not satisfy the principal contractor’s duty to obtain a suitable SWMS before work starts.
A SWMS must detail the specific hazards of a job and the exact control measures required to eliminate or minimise those specific hazards. It must identify the high risk construction work, specify the hazards relating to that work and the risks to health and safety, and describe the measures to be implemented to control the risks and how the control measures are to be implemented, monitored and reviewed. The SWMS must be task specific rather than general, vague or ambiguous, and should be short and focused on describing the specific hazards identified for the work to be undertaken and the control measures to be put in place so the work is carried out safely.
Choosing Controls That Manage the Risk
Under Queensland WHS law a person conducting a business or undertaking must manage health and safety risks by working through the hierarchy of controls in order. The first obligation is to eliminate the risk so far as is reasonably practicable. Where elimination is not reasonably practicable, the duty is to minimise the risk by moving down the hierarchy through substitution, isolation and engineering controls before considering administrative controls and personal protective equipment. A SWMS rejection will often arise where controls are chosen out of order or where lower level measures are relied on without demonstrating that higher level options have been properly assessed.
Higher order controls are preferred because they act on the hazard itself rather than on the worker exposed to it. Elimination removes the risk, substitution replaces a hazardous element with a less hazardous one, isolation separates people from the source of harm, and engineering controls physically change the work environment or equipment. These measures are more reliable because they do not depend on consistent human behaviour, supervision or correct use. Administrative controls and PPE are the least effective and are intended only for residual risk after all reasonably practicable higher level measures have been applied. A defensible control selection shows a clear, documented line of reasoning through the hierarchy and explains why each higher option was or was not reasonably practicable.
Consulting Workers Before the SWMS Is Ready
A SWMS that is submitted without prior worker consultation does not meet the preparation duty under Queensland law and is likely to be rejected by a principal contractor or reviewer. Under the Work Health and Safety Act 2011 (Qld) a person conducting a business or undertaking must consult with workers who will carry out the high risk construction work or who will be directly affected by it (Queensland Government, 2011a). The Work Health and Safety Regulation 2011 (Qld) requires that a SWMS be specific to the site, the task and the workplace (Queensland Government, 2011b). A document that has been solely written in an office and then handed down to workers for sign off does not satisfy that requirement and is not a compliant SWMS for Queensland high risk construction work.
Consultation before the SWMS is finalised is what makes the document fit for purpose and usable on site. The workers who actually do the work can identify the real sequence of work, the site specific hazards and the practical control measures that will work under site conditions. WHSQ has found that documented systems for consultation are often not implemented on site and that uncontrolled risks remain where builders have not reviewed how controls are being implemented (Workplace Health and Safety Queensland, 2016). A SWMS prepared without that early worker input is therefore likely to be rejected by a principal contractor or an inspector as a tick and flick exercise rather than a site specific risk control document as required under Queensland WHS law.
Dates, Versions and Worker Sign-On
Dates, versions and worker sign on are basic evidence that a SWMS is live, current and actually used on a Queensland site, rather than mandatory contents listed in section 299. The Work Health and Safety Regulation 2011 (Qld) requires a SWMS to be reviewed and revised as necessary, including when the work changes or a new hazard is identified (Queensland Government, 2011b). A document that is submitted without a preparation date, review dates and a clear version number cannot be shown to be current and cannot be verified against site conditions at the time work is carried out. A principal contractor receiving an undated or unversioned SWMS is likely to reject it because there is no way to confirm it reflects the work being undertaken now rather than a previous site or an earlier iteration.
Worker sign on is the practical record that consultation has occurred and that the people who will do the work have been made aware of the controls. Under the Work Health and Safety Act 2011 (Qld) a person conducting a business or undertaking must consult with workers who will carry out high risk construction work in relation to the preparation of the SWMS (Queensland Government, 2011a). Sign on, together with the date signed, provides evidence of that consultation and of the worker’s awareness of the controls for the specific task. A SWMS that is presented to contractors without dated worker sign on is treated as a generic form document. In Queensland that is a common reason for rejection because the submission does not demonstrate compliance with the consultation and review duties and does not provide an auditable record of who was involved and when.
Reviewing the SWMS When Site Conditions Change
Under the Queensland WHS Act 2011 a person conducting a business or undertaking must ensure the health and safety of workers so far as reasonably practicable (Queensland Government, 2011a). The Queensland WHS Regulation 2011 requires a Safe Work Method Statement for high risk construction work to be reviewed and revised when control measures are changed (Queensland Government, 2011b). If site conditions change and the SWMS is not updated, the statement no longer matches the work being carried out and is likely to be rejected as not fit for purpose.
In practice a SWMS that is written once and then shelved is often rejected on site because it cannot be accessed or understood by the people who need to use it. When conditions change, a brief consult with workers and supervisors to confirm the method still controls the risk keeps the SWMS live, site specific and more likely to be accepted.
Conclusion
Safety in construction depends on a Safe Work Method Statement that is prepared before high risk construction work starts and is specific to the site, task and workers. Under Queensland WHS law a SWMS must identify the high risk construction work, the hazards and risks and the control measures to manage those risks, and it must be prepared in consultation with workers who will carry out the work. A generic template that is not customised for the particular worksite, work environment and workers is unlikely to satisfy section 299 of the Work Health and Safety Regulation 2011 and is likely to be rejected (Queensland Government, 2011b). Effective preparation requires a thorough hazard assessment, genuine consultation, selection of controls through the hierarchy from elimination down to administrative controls and PPE only as a last resort, and documentation that is clear, concise and accessible to workers.
A compliant SWMS is also a live document. It needs a preparation date, version or revision history and dated worker sign on to show consultation has occurred and the method is current and understood on site. If site conditions change the statement must be reviewed and revised so it continues to match the work being carried out, and work must stop if it is not being carried out in accordance with the SWMS. By addressing these practical elements proactively, a person conducting a business or undertaking can reduce confusion, improve risk control, demonstrate compliance with the Work Health and Safety Act 2011 and Regulation 2011 and support the safety of workers on Queensland construction sites (Queensland Government, 2011a; Queensland Government, 2011b).
References
Queensland Government. (2011a). Work Health and Safety Act 2011 (Qld), sections 19, 47 to 49. Queensland Legislation. https://www.legislation.qld.gov.au/view/html/inforce/current/act-2011-018
Queensland Government. (2011b). Work Health and Safety Regulation 2011 (Qld), chapter 6, sections 291 to 312. Queensland Legislation. https://www.legislation.qld.gov.au/view/html/inforce/current/sl-2011-0240
Workplace Health and Safety Queensland. (2016). Material delivery and site management in residential construction: Campaign report (PN12105). State of Queensland. https://www.worksafe.qld.gov.au/
