Do sole traders need a SWMS?
Yes, if you do high risk construction work. The SWMS rule applies to a person conducting a business or undertaking, and the WHS Act says that includes someone who runs their business alone. Working for yourself does not change it, and neither does working straight for a homeowner instead of a builder.
Who has to write it?
The law says your business must make sure a SWMS is prepared before the high risk work starts, or that one has already been prepared by someone else. So if the builder you are working for already has a SWMS that covers the work you are doing, you can work to it, as long as you follow it.
Safe Work Australia says the person responsible for carrying out the high risk work is best placed to prepare the SWMS. Generally that means the builder for their own workers, or the subbie for their workers and themselves. Sort out with the builder who is doing it before you start.
What if you have an apprentice or a worker?
Then they must be consulted when the SWMS is prepared, and again when it is reviewed. Go through it with them before the work starts.
Do you have to give it to anyone?
On a construction project, you must give the principal contractor a copy before the high risk work starts. In Queensland and under the model WHS laws, a construction project is one where the construction work costs $250,000 or more. In WA it is a site where 5 or more people are working at the same time.
How long do you keep it?
- Keep it until the high risk work it covers is finished.
- If there is a notifiable incident, keep it for at least 2 years after the incident.
- Your workers must be able to get to it, and it must be available to an inspector.
Safe Work Australia says to keep it at the workplace, or somewhere it can be brought to the workplace quickly. It can be kept electronically, so a copy on your phone or tablet works.
What about small jobs?
Construction work does not include testing, maintenance or repair work of a minor nature. Safe Work Australia's examples include replacing a damaged door, repainting a wall in an existing home and replacing individual roof tiles. If the job is not construction work, the SWMS rules do not apply, but you still have to manage the risks.
What it costs
| Doc | Ready to Go | Fully Custom |
|---|---|---|
| Single SWMS: One high risk task or job | $79 | $195 |
| Trade Pack: 5 SWMS covering the jobs you do most | $299 | $795 |
| WHS Starter Kit: Safety policy, risk register, incident forms, toolbox talk template | $299 | $895 |
Prices include GST. Not sure which to pick? Read SWMS template or custom?
Is your work high risk?
See the full list in what is a SWMS, and do you need one?, or pick your trade.