A safe work procedure (SWP) is your standing instruction for doing a routine task safely. A safe work method statement (SWMS) is a document the Work Health and Safety Regulation 2011 (Qld) requires before high risk construction work starts. The two do different jobs, and an SWP can’t replace a SWMS unless it contains everything regulation 299 requires.
What is a safe work procedure?
“Safe work procedure” is a workplace term, not a defined legal one. The Work Health and Safety Act 2011 (Qld) and the Regulation don’t require a document by that name. The Regulation mentions safe work procedures only in examples: regulation 79(3) lists them among the things a safe system of work could include when managing the risk of a fall, and the asbestos management plan provisions (regulations 429(4)(b) and 432(4)(b)) give them as an example of what such a plan may record.
The law that sits behind an SWP is the duty to provide and maintain safe systems of work, so far as is reasonably practicable (section 19(3)(c) of the Act), and the duty to give workers suitable and adequate information, training and instruction (regulation 39). The approved How to Manage Work Health and Safety Risks Code of Practice 2021 (Qld) suggests developing a safe work procedure that describes the task, identifies the hazards and documents how the task is to be performed to minimise the risks. A code of practice is not law in itself, but a PCBU must comply with an approved code or manage the risk in a way that gives an equivalent or higher standard of health and safety, and a court can rely on it (sections 26A and 275 of the Act).
What is a SWMS?
A SWMS is a statutory document with required content. Under regulation 299, a person conducting a business or undertaking (PCBU) that carries out high risk construction work must, before the work commences, make sure a SWMS for the proposed work is prepared, or has already been prepared by someone else. The maximum penalty is 60 penalty units. A SWMS must:
- identify the work that is high risk construction work;
- state the hazards and the risks to health and safety they create;
- describe the control measures;
- describe how the controls will be implemented, monitored and reviewed;
- take account of the circumstances at the workplace and, on a construction project, the WHS management plan (regulation 299(3));
- be set out in a way that is readily accessible and understandable to the people who use it.
Several other duties follow. The work must be done in accordance with the SWMS and stopped if it isn’t (regulation 300). A copy must go to the principal contractor before work starts on a construction project (regulation 301). The SWMS must be reviewed and revised if the controls are revised (regulation 302), and kept until the work is finished, or for at least 2 years after a notifiable incident (regulation 303). Regulations 299 to 303 don’t require signatures. Many sites ask workers to sign on, but that is site practice, not a legal requirement. Our guide to high risk construction work in Queensland lists everything in regulation 291.
Safe work procedure, SWMS and JSA compared
| Safe work procedure | SWMS | JSA or Take 5 | |
|---|---|---|---|
| What it is | Standing steps for a routine task or item of plant | A statement for specific high risk construction work | A check of the hazards and controls for the job in front of you |
| Required by law? | Not by name. It is one way to provide a safe system of work | Yes, before high risk construction work starts (regulation 299) | No. Industry names, not legal terms |
| When | Written once, then reviewed when the method or equipment changes | Before the high risk work commences | Before each job, or each shift |
| Content | No set content | Set by regulation 299(2) and (3) | No set content |
| Kept | In your safety system | Until the work is finished, or at least 2 years after a notifiable incident (regulation 303) | No set period in the Act or Regulation |
| Copy to principal contractor | No | Yes, on a construction project (regulation 301) | No |
For more on the last column, see our guide to what a JSA is, and the comparison of a SWMS and a JSA.
One task, three documents: the angle grinder
Here is how the same task looks in each document. These are illustrations, not a complete procedure for your site.
Safe work procedure (standing instruction):
- Check the disc is rated for the grinder’s speed, has no cracks and the guard is fitted.
- Inspect the lead and plug. Don’t use a damaged tool.
- Wear eye or face protection, hearing protection and gloves.
- Use the side handle and two hands. Keep the cord clear of the disc.
- Unplug the grinder before changing the disc, and let the disc stop before putting the tool down.
Take 5 (before the job): What am I about to do? What could go wrong today? Has anything changed since the procedure was written, such as weather, location or other trades? What will I do about it? Am I ready to start? Take 5 cards vary between companies, and none is a legal form.
SWMS (only when the job is high risk construction work): grinding steel at the edge of a first-floor slab, where a person could fall more than 2 metres, is high risk construction work (regulation 291(a)). That job needs a SWMS before it starts, covering the fall controls and the other hazards, and the grinder procedure can sit underneath it. If the grinding isn’t construction work, for example prefabrication in a workshop that isn’t specifically established for the construction work (regulation 289(3)(b)), regulation 299 doesn’t apply, but the general duty to manage risks still does. Our angle grinder safety tips guide has more on the tool.
Which one do you need?
- Is it construction work? Regulation 289 defines it as work carried out in connection with the construction, alteration, renovation, repair, maintenance, demolition or dismantling of a structure, among other things. If it isn’t, there is no SWMS duty under regulation 299.
- Is any part of it high risk construction work? Check the list in regulation 291. If it is, prepare or obtain a SWMS before it starts.
- Do you do the task regularly? Write an SWP so it is done the same safe way every time and new starters can be trained to it.
- Do conditions change from job to job? Add a JSA or Take 5 for each job.
Whichever documents you use, the risk management steps in regulations 34 to 38 apply: identify hazards, eliminate or minimise risks, keep the controls working and review them.
How they work together
A SWMS describes how controls are implemented, monitored and reviewed (regulation 299(2)(d)), and your standing procedures are a good source for that detail. The Regulation says a SWMS must be readily accessible and understandable to the people who use it (regulation 299(3)(b)), so keep any cross-references simple. If you run a business that does both construction and workshop work, a library of SWPs plus a SWMS for each high risk job is a sound set-up.
Common mistakes are using a generic SWP as a SWMS, listing “wear PPE” as the only control, and writing procedures that don’t match how the work is really done. The code of practice says to look at how work is actually done rather than relying only on written manuals. Review documents when the equipment, method or site changes.
Templates to start from
Start with our free SWMS template for Queensland or browse the SWMS templates. For everyday procedures, the policies and procedures bundle and the Take 5 policy and procedure template give you written standards to adapt.
This guide is general information, not legal advice. Check the current law or talk to Workplace Health and Safety Queensland for your situation.
Templates for this job
Ready-to-edit Word and Excel templates for Queensland workplaces.
