Who must prepare a SWMS in Australia?
Short answer
The PCBU (Person Conducting a Business or Undertaking) carrying out high-risk construction work must prepare a SWMS before that work starts. In Victoria, the duty falls on the employer / self-employed person under the OHS Act 2004.
Under the model Work Health and Safety Regulation s.291, the PCBU carrying out any of the 18 high-risk construction work activities must ensure a SWMS is prepared before that work begins. A PCBU is broader than an "employer" — it includes principals, contractors, subcontractors, self-employed persons and volunteer organisations that engage workers.
The principal contractor on a construction project (a project ≥ $250,000) also has a duty under s.309 to ensure that each subcontractor's SWMS is given to them before work starts.
Victoria operates under the OHS Act 2004 and OHS Regulations 2017 rather than the harmonised WHS model. The duty falls on the employer or self-employed person with similar substance.
The SWMS must be: - prepared before work starts, - kept at the workplace or readily available, - given to the principal contractor on request, - reviewed and revised if work changes, an incident occurs, or a control is not working.