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Legal & regulatory

HRCW

Also known as: High-Risk Construction Work

High-Risk Construction Work is a defined list of 18 construction activities under WHS Regulation 291 that legally require a Safe Work Method Statement (SWMS) before the work can start. Examples include working at height, in confined spaces, with asbestos, on or near energised electrical installations, and demolition.

Legal context

WHS Regulation 291 defines high-risk construction work by listing 18 categories: risk of falls from 2 metres or more, work on telecommunication towers, demolition, asbestos handling, structural alterations or repairs that require temporary support, work in or near confined spaces, work in or near trenches or shafts deeper than 1.5 metres, tunnel work, work involving explosives, work on or near pressurised gas distribution mains, work on or near chemical, fuel or refrigerant lines, work on or near energised electrical installations or services, work in an area that may have a contaminated or flammable atmosphere, tilt-up or precast concrete work, work on or adjacent to roadways or railways used by traffic other than pedestrian, work in areas with movement of powered mobile plant, work in temperature extremes, and diving work.

Practical use

If any of these 18 activities are present, a SWMS is mandatory and the principal contractor must keep it for the life of the project plus statutory retention. A PCBU that starts HRCW without a SWMS is exposed to immediate prohibition notices and Category 2 / 3 offences.

Regulator references

The binding-law and regulator-guidance sources behind this term.

Common questions

Does HRCW apply outside construction?

No. HRCW is a construction-work category defined in Chapter 6 of the model WHS Regulations. Similar high-risk activities outside construction may still trigger licence, permit or risk-assessment duties โ€” but they are not "HRCW" by definition.

Is "working at 2 metres" the same as "working at heights"?

Not quite. WHS Reg 291 captures construction work where there is a risk of a person falling 2 metres or more. The Managing the Risk of Falls Code of Practice covers fall management more broadly, including for falls less than 2 metres where the risk is significant.

Do I need a separate SWMS for each HRCW activity?

You can combine multiple HRCW activities into one SWMS for a project, provided each activity is addressed with its specific hazards, controls and PPE. Many principal contractors prefer one SWMS per discrete activity for clarity at sign-on.

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