High risk construction work is construction work that meets any of the 18 items in regulation 291 of the Work Health and Safety Regulation 2011 (Qld), such as a risk of falling more than 2 metres or work in or near a trench deeper than 1.5 metres. Before it starts, regulation 299 requires a safe work method statement (SWMS).
This guide gives you the full list in plain English, then walks through what the Regulation says about preparing, following, reviewing and keeping a SWMS (regulations 299 to 303).
Is it construction work in the first place?
Regulation 289 defines construction work as any work carried out in connection with the construction, alteration, conversion, fitting-out, commissioning, renovation, repair, maintenance, refurbishment, demolition, decommissioning or dismantling of a structure. It includes work connected with an excavation and site preparation work. It does not include, among other things, testing, maintenance or repair work of a minor nature, or the manufacture of plant (regulation 289(3)). If the work is not construction work, regulation 291 does not apply, but you still have to manage the risks.
The full list: regulation 291
Construction work is “high risk” if it meets any one of these 18 items:
| Item | Construction work that… |
|---|---|
| (a) | involves a risk of a person falling more than 2 m (roof work, scaffolds, open slab edges, elevated work platforms) |
| (b) | is carried out on a telecommunication tower |
| (c) | involves demolition of an element of a structure that is load-bearing or otherwise related to the physical integrity of the structure |
| (d) | involves, or is likely to involve, the disturbance of asbestos |
| (e) | involves structural alterations or repairs that require temporary support to prevent collapse |
| (f) | is carried out in or near a confined space |
| (g) | is carried out in or near a shaft or trench with an excavated depth greater than 1.5 m, or in or near a tunnel |
| (h) | involves the use of explosives |
| (i) | is carried out on or near pressurised gas distribution mains or piping |
| (j) | is carried out on or near chemical, fuel or refrigerant lines |
| (k) | is carried out on or near energised electrical installations or services |
| (l) | is carried out in an area that may have a contaminated or flammable atmosphere |
| (m) | involves tilt-up or precast concrete |
| (n) | is carried out on, in or adjacent to a road, railway, shipping lane or other traffic corridor that is in use by traffic other than pedestrians |
| (o) | is carried out in an area at a workplace in which there is any movement of powered mobile plant |
| (p) | is carried out in an area in which there are artificial extremes of temperature |
| (q) | is carried out in or near water or other liquid that involves a risk of drowning |
| (r) | involves diving work |
Settling the height question: 2 m, not 3 m
The fall threshold in regulation 291(a) is “more than 2m”. Regulation 299(4) uses the same 2 m figure for SWMS that rely on administrative controls or PPE. The only other measurement in the list is the 1.5 m excavated depth for a shaft or trench in item (g); a tunnel has no depth test. If you have seen a different fall height quoted elsewhere, go by the Queensland regulation. For fall controls themselves, see our guide to fall protection and prevention.
When you need a SWMS (regulation 299)
A PCBU whose business includes carrying out high risk construction work must, before that work starts, make sure a SWMS for the proposed work is prepared, or has already been prepared by another person (regulation 299(1)). The maximum penalty is 60 penalty units.
Regulation 299 applies only to high risk construction work, so it does not require a SWMS for work that is not construction work, or that is construction work but ticks none of the 18 boxes. You still have to manage the risks of those jobs, and a job safety analysis or risk assessment is a common way to do it. Our guide to SWMS versus JSA explains the difference.
What a SWMS must contain (regulation 299(2) to (4))
A SWMS must:
- identify the work that is high risk construction work
- state the hazards and the risks to health and safety that go with them
- describe the control measures to be used
- describe how those controls are to be implemented, monitored and reviewed
It must also be prepared with all relevant matters in mind, including the circumstances at the workplace that could affect how the work is done and, for a construction project, the WHS management plan for the workplace. And it must be set out in a way that is readily accessible and understandable to the people who use it. That is why a generic template is a starting point, not the finished SWMS.
If the work involves a risk of a fall of more than 2 m and the SWMS says the only controls will be administrative controls or personal protective equipment, it must describe all the control measures that were considered, including the general fall protection requirements in regulation 79(3): a fall prevention device where reasonably practicable, then a work positioning system, then a fall arrest system.
Consultation
Regulations 299 to 303 do not set out a separate consultation step. The consultation duty comes from the Act. Sections 47 and 49 of the Work Health and Safety Act 2011 (Qld) require you, so far as is reasonably practicable, to consult the workers who are likely to be directly affected when you identify hazards, assess risks and decide how to eliminate or minimise them. Writing a SWMS is exactly that job, so involve the crew who will do the work.
Following it (regulation 300)
You must put arrangements in place to make sure the work is carried out in accordance with the SWMS. If it is not, you must stop the work immediately or as soon as it is safe to do so, and resume it only in accordance with the SWMS. Each breach carries a maximum of 60 penalty units.
Copy to the principal contractor (regulation 301)
If the work is part of a construction project, you must give a copy of the SWMS to the principal contractor before the work starts. A construction project is one where the cost of the construction work is $250,000 or more (regulation 292). The principal contractor must take all reasonable steps to get a copy before the work begins (regulation 312).
Reviewing it (regulation 302)
A SWMS must be reviewed and, as necessary, revised if the relevant control measures are revised under regulation 38. Regulation 38(2) says controls must be reviewed when, among other things:
- the control does not control the risk (for example, a notifiable incident occurs because of the risk)
- before a change at the workplace that is likely to create a new or different risk
- a new hazard or risk is identified
- consultation shows a review is needed
- a health and safety representative asks for one
Keeping it (regulation 303)
- Keep a copy until the high risk construction work is completed.
- If a notifiable incident occurs in connection with the work, keep it for at least 2 years after the incident. Our guide to notifiable incidents in Queensland explains what counts.
- Keep a copy readily accessible to any worker doing the work, and available for inspection under the Act.
Get a SWMS in place
New to SWMS? Start with the free SWMS template for Queensland (Word) and our plain guide, what is a safe work method statement. For common high risk jobs, our trade-specific templates already have the hazards and controls drafted for you to adapt to your site: working at heights SWMS, confined spaces SWMS, and the general construction SWMS bundle if you need several at once. Always edit a template to match your workplace, because regulation 299(3) requires the SWMS to take the circumstances at the workplace into account.
This guide is general information, not legal advice. Check the current law or talk to WorkSafe Queensland for your situation.
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