Do I Need a SWMS? A Simple Decision Guide for Queensland Work

Written By Luke Squire

This is one of the most common questions I get, and the honest answer is that it comes down to two checks. Work through them in order and you will have your answer.

The two questions that decide it

Question 1: Is it construction work?

Construction work is broadly defined and covers a lot more than building a house — it includes construction, alteration, repair, maintenance, demolition and decommissioning of a structure, plus associated site work. The full definition sits in the Work Health and Safety Regulation 2011 (Qld) (s.289). If the answer is no, you do not need a SWMS — though you still have general duties to manage risk.

Question 2: Is it one of the 18 high-risk activities?

If it is construction work, the next check is whether the task falls within the 18 categories of high-risk construction work defined in s.291. These include falls over 2 m, trenches over 1.5 m, work near powered mobile plant, energised electrical work, asbestos, confined spaces and more.

Check out our article “The 18 High-Risk Construction Work Activities in Queensland”‍ ‍for mor information.

If yes — a SWMS is legally required, and it must be prepared before the work starts.

If no — a SWMS is not legally required, but read the next section before you move on.

“Not required” does not mean “nothing required”

This is where businesses get caught. If a task is not high-risk construction work, you are not obliged to produce a SWMS — but you still must manage the risks to health and safety so far as is reasonably practicable. For anything non-trivial, a job safety analysis (JSA) or a safe operating procedure (SOP) is often the right tool.

Check out our article “SWMS vs JSA vs SOP: What’s the Difference?” for mor information.

A quick self-check

If any of these apply to your task, treat it as high-risk construction work and prepare a SWMS:

  • Anyone could fall more than 2 metres.

  • There is a trench or shaft deeper than 1.5 metres, or a tunnel.

  • Powered mobile plant is moving in the work area.

  • Work is on or near energised electrical services.

  • Asbestos may be disturbed.

  • The work is in or near a confined space.

  • Work is on, in or beside a live road or traffic corridor.

  • There is a risk of drowning, or a contaminated or flammable atmosphere.

This is a shortlist, not the full 18. When in doubt, check the complete list before you decide.

Common edge cases

One-off jobs

The duty applies to the work, not the frequency. A one-off task that meets the definition still needs a SWMS before it starts.

Who has to prepare it?

The PCBU carrying out the high-risk construction work prepares the SWMS, in consultation with the workers doing the job. Where more than one PCBU is involved, they must consult, cooperate and coordinate. WorkSafe Queensland notes the PCBU doing the work is best placed to prepare it because they understand the task and the crew.

Subcontractors and the principal contractor

Each contractor carrying out high-risk construction work must ensure a SWMS is prepared for their work and give a copy to the principal contractor before starting. The principal contractor must not let the work begin until they have it.

Sources and further reading

Need help with your SWMS?

Squire Safety Consultants helps Queensland businesses with SWMS development, WHS documentation, safety management systems and practical workplace safety support — clear, compliant and usable documents that workers will actually follow.

If you would like help getting your SWMS right, get in touch Here

Need a template as a staring point? pick up a Free SWMS Template Here



Luke Squire
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How to Write a SWMS: A Step-by-Step Guide for Queensland Sites
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The 18 High-Risk Construction Work Activities That Require a SWMS in Queensland