High risk construction work - employers' duties
1. Prepare an SWMS
Prepare an SWMS during project planning. The SWMS is designed to help employers think through the hazards and risks involved in the work, and to choose effective control measures.
Each employer (including contractors) must ensure that an SWMS is prepared for their direct employees. Principal contractors should encourage their contractors to prepare an SWMS if it’s required. However, nothing prevents a principal contractor, by agreement, from preparing an SWMS on behalf of contractors.
Employees, health and safety representatives (HSRs), as well as contractors and their employees, must be consulted in the preparation of the SWMS so far as reasonably practicable.
If the work does not involve any risks to anyone, an SWMS does not have to be prepared.
If the high risk work that would normally require an SWMS involves the removal of asbestos, the employer only needs to prepare and comply with the asbestos control plan (see the asbestos requirements of the Occupational Health and Safety Regulations 2007).
2. Make sure work is done in accordance with the SWMS
The work must be done in the way outlined in the SWMS.
If any work is being done that is not in line with the SWMS, the employer must stop the work immediately (or as soon as it is safe to stop it). The work must not be started again until:
- it can be done in the way outlined in the SWMS, or
- the SWMS has been reviewed and if necessary changed (eg if circumstances have changed and the SWMS is no longer accurate or suitable).
3. Keep a copy of the SWMS
The employer must keep the SWMS for as long as the high risk construction work is being done.
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