Is a SWMS a legal requirement?
In New Zealand, Safe Work Method Statements (SWMS) are not a legal requirement under the Health and Safety at Work Act 2015 (HSWA 2015).
However, they are widely recognised as a valuable tool for managing high-risk construction activities. When used effectively, SWMS provide a structured framework for identifying hazards, implementing controls, and ensuring everyone on-site is aware of their responsibilities.
While not mandatory, adopting SWMS as part of your health and safety practices can help demonstrate a proactive commitment to worker safety and effective risk management.
What Is a SWMS?
A Safe Work Method Statement (SWMS) is a document that:
Outlines the high-risk construction work activities to be performed.
Identifies the hazards associated with those activities.
Describes the control measures to eliminate or minimise risks.
Though SWMS are more commonly used in jurisdictions like Australia (where they are required for certain activities), they remain a practical tool in New Zealand for managing risks associated with:
Working at heights.
Using powered mobile plant.
Excavations or confined spaces.
Working near live traffic or utilities.
SWMS are not a substitute for higher-order controls like engineering solutions but instead serve as an administrative control to support safer work practices.
Why Consider Using SWMS in New Zealand?
Under HSWA 2015, the primary duty of care requires PCBUs to manage risks to health and safety so far as is reasonably practicable. While SWMS are not legally required, they can help you meet this duty by:
Demonstrating due diligence in risk management.
Providing a structured approach to hazard identification and control.
Facilitating better communication and coordination among workers.
SWMS are particularly valuable for complex projects involving multiple contractors or overlapping risks, where clarity and accountability are crucial.
Key Elements of a SWMS
If you choose to adopt SWMS in your workplace, they should include:
Identification of high-risk construction work.
Hazards and associated risks specific to the worksite.
Control measures to manage these risks effectively.
A plan for implementing, monitoring, and reviewing controls throughout the project.
It’s essential to keep SWMS practical, concise, and tailored to the specific work environment. Overly complex or generic documents are less effective and can lead to confusion among workers.
Who Should Prepare a SWMS?
In New Zealand, the preparation of SWMS should be a collaborative effort involving:
Contractors and subcontractors responsible for the high-risk work.
Workers who will perform the tasks, to ensure the controls are practical and clearly understood.
Health and Safety Representatives (HSRs) where applicable, to ensure the document aligns with best practices and worker feedback.
Collaboration fosters better engagement and ensures that everyone involved has a shared understanding of the risks and control measures.
Implementing SWMS
Once a SWMS is prepared, its success relies on active implementation and monitoring. This involves:
Ensuring all workers understand the SWMS and their roles in implementing controls.
Regularly reviewing and updating the SWMS as conditions change or new hazards are identified.
Stopping work immediately if it is not being carried out in accordance with the SWMS, and revising the document as needed.
Even though SWMS are not legally required, taking these steps shows a commitment to maintaining a safe and compliant work environment.
Can a Generic SWMS Be Used?
A generic SWMS can serve as a starting point but must be tailored to reflect the specific conditions of your worksite. Using a one-size-fits-all approach can lead to critical hazards or risks being overlooked.
When preparing or reviewing a SWMS:
Ensure it reflects the unique risks and control measures for the specific site and task.
Involve workers in adapting the SWMS to ensure it’s practical and applicable.
Final Thoughts
Although Safe Work Method Statements (SWMS) are not a legal requirement in New Zealand, they are a valuable tool for managing high-risk construction work. Incorporating SWMS into your safety practices demonstrates a proactive approach to health and safety and aligns with the principles of risk management under HSWA 2015.
If you’re considering adopting SWMS or want guidance on creating effective safety documentation for high-risk activities, Advanced Safety is here to help.
Together, we can create a safer, more organised work environment that prioritises the wellbeing of everyone on-site.
Contact us today to learn more about how we can support your safety journey.
