SWMS rules in Victoria

• The duty holder is the employer or self-employed person. In labour hire, both the employer and the host employer have the SWMS duty.
• Affected employees and their health and safety representatives must be consulted when the SWMS is prepared and when it is reviewed. Record who was consulted.
• Review the SWMS when the high risk construction work changes, after any incident during that work, or if the controls look inadequate. Keep a copy for as long as the work goes on.
• An asbestos control plan is taken to be a SWMS for that asbestos work.
• Victoria lists 19 types of high risk construction work, worded differently from the model laws, for example work in or near artificial extremes of temperature and diving work.
• WorkSafe Victoria says risk matrices and risk scores are not legally required in a SWMS.
• A health and safety coordination plan is needed if the construction work costs more than $350,000 (WorkSafe Victoria wording).
• Construction induction (white card) training must be face to face in a classroom. Online courses are not accepted. WorkSafe Victoria issues the card.
• Operating a non slewing telehandler with a rated capacity over 3 tonnes needs a WorkSafe Victoria non slewing telehandler licence, unless you hold a mobile crane high risk work licence.

• Occupational Health and Safety Act 2004 (Vic)
• Occupational Health and Safety Regulations 2017 (Vic), Part 5.1 Construction
• Compliance code: Prevention of falls in general construction (WorkSafe Victoria, 2019)

Regulator: WorkSafe Victoria, phone 13 23 60 (incidents), 1800 136 089 (advisory).

• Notifiable incident: call WorkSafe Victoria on 13 23 60 immediately (call 000 first if anyone is still in danger). Then submit the written notice within 48 hours using the online form WorkSafe emails you, and keep a copy for at least 5 years.
• Do not disturb the incident site until an inspector arrives, except to protect health or safety, help an injured person or make the area safe.
• Construction excavation: notify WorkSafe at least 3 days before starting a trench deeper than 1.5 m, a shaft deeper than 2 m or any tunnel. Not needed for excavation that is part of building work under a building permit in force under the Building Act 1993.
• Asbestos removal: notify at least 24 hours before for 10 square metres or less of non friable asbestos, within 24 hours of starting if the work comes from an unexpected situation, and at least 5 days before in all other cases. Use the online form.

WorkSafe Victoria: Information about Safe Work Method Statements, with sample SWMS template (Appendix A). Our builder covers the same fields and adds the hazards and controls for your job.