Who prepares it
The person conducting a business or undertaking (PCBU) carrying out the high risk construction work must make sure a SWMS is prepared before the work starts. On most sites that's the subcontractor for their own crew, or the builder where their own workers do the work. In Victoria the duty sits with employers and self-employed people.
The PCBU doesn't have to write it personally. A supervisor or leading hand often drafts it. But the PCBU stays responsible for its content and for making sure it's followed.
Who has to be consulted
Under the WHS Act, a PCBU must consult workers who are, or are likely to be, directly affected by a health and safety matter, so far as is reasonably practicable. Identifying hazards and deciding on controls are both listed triggers for consultation, which is exactly what a SWMS does.
- Involve the workers doing the job, including subcontractors and labour hire workers.
- Involve the health and safety representative (HSR) if the workers have one.
- If the crew isn't engaged yet when you plan the work, WorkSafe Queensland says consultation can happen at induction, during site-specific training or at a toolbox talk.
- Where several businesses share the site, consult, cooperate and coordinate with the other duty holders too.
The principal contractor's role
A construction project of $250,000 or more must have a principal contractor (in Victoria, the threshold is $350,000). The principal contractor must take reasonable steps to get a SWMS before any high risk construction work starts, and their WHS management plan must set out how SWMS are collected, assessed, monitored and reviewed.
In practice, give the principal contractor your SWMS before you start, record the date you gave it to them, and send them every revised version. Where the principal contractor controls the site, expect them to check your SWMS before work starts and to watch whether the work on site matches it.
Do workers have to sign a SWMS?
The model WHS laws don't strictly require worker signatures. WorkSafe Queensland and WorkSafe ACT both describe signatures as something a SWMS may include: workers' names, the consultation date and each worker's signature acknowledging they took part.
Sign-off is still standard practice, and for good reason. Safe Work Australia's sample template includes a sign-off table for worker names, signatures and the date they received the SWMS. A signed sheet is the simplest evidence that the crew was consulted and briefed. Without it, you may struggle to show an inspector that consultation happened.
A signature isn't a substitute for understanding. Workers don't need their own copy, but they must understand the hazards, the controls and what to do if the work departs from the SWMS.
Australia / JSA & SWMS drafts
Keep the paperwork side light.
SOPmate drafts an editable SWMS from your description of the job, then records crew sign-offs on site with the date.
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When to review and revise it
- When the control measures change.
- When work isn't being done the way the SWMS says. Stop the work as soon as it's safe, review the SWMS, and only restart when the work can be done in line with it.
- When the work process changes or new hazards appear (SafeWork NSW lists these as review triggers).
- After an incident, or any sign the risks aren't being controlled.
Review with the workers and HSRs involved. After a revision, tell everyone affected, brief them on the changes and give the principal contractor the new version.
How long to keep it
Keep it until the work is finished
The SWMS must be available for inspection until the high risk construction work it covers is complete.
Keep every version
If you revise it, keep all versions, not just the latest.
Keep it for 2 years after a notifiable incident
If a notifiable incident happens in connection with the work, keep the SWMS for at least 2 years from the date of the incident.
Keep it where it can be reached
Keep it at the workplace, or where it can be delivered there quickly. Electronic copies are fine, as long as workers can readily access them.
Fines and penalties
| What goes wrong | What you can face |
|---|---|
| No SWMS prepared, or work not done in line with it | Under the model WHS Regulations (regulations 299 and 300), up to $6,000 for an individual and $30,000 for a company. NSW and Queensland set these in penalty units. |
| Not reviewing it, not keeping it, or the principal contractor not getting a copy | Separate offences under the model Regulations (regulations 302 and 303 for review and keeping, regulation 301 for the principal contractor). Some states can deal with these by on-the-spot fines. |
| Not consulting workers | Under section 47 of the WHS Act, 2026-27 maximums range from $20,000 for an individual and $100,000 for a company (Qld, SA, Tas, NT) to $33,000 and $165,000 (Commonwealth and ACT). |
| Ignoring an improvement or prohibition notice | Separate offences with higher maximums. In Queensland, SA, Tasmania and the NT, ignoring a prohibition notice carries up to $500,000 for a company in 2026-27. |
| Someone is seriously hurt or killed | A missing, unread or out-of-date SWMS is evidence of a failure to manage risk. Category 1 offences carry multi-million dollar fines and possible jail. |
Penalty values are indexed in most jurisdictions each financial year. Check your regulator for the current figures.