SWMS

Hi all, I am seeking feedback in regards to sub contractor Safe Work Method Statements (SWMS).
If a sub contractor is employed, who then sub contracts their work, who may then sub contract their work, whose SWMS is appropriate for the job? The original Sub Contractor or the one who does the job?

Tags: SWMS

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Permalink Reply by Peter Blayney on February 13, 2011 at 7:07

Hey Bunja, did anyone get back to you on this?  I just spotted it, so apologies for delayed response.

I think the original sub contractor would be the one who submits the SWMS - but should consult with the other subbies to ensure the SWMS submitted is relevant for the work being done.  This would ensure ownership along the line to the actual activity being undertaken.

Cheers mate!

Permalink Reply by Mark McCabe on February 16, 2011 at 11:22

I think the general principle that applies is that you cannot sub-contract out your work safety responsibilities.  

If company x sub-contracts a task to company y, then company y has an obvious work safety responsibility in relation to its activities.  Company x also has to meet its safety responsibility, 'as far as is reasonably practicable'.  Under the Work safety Act 2008, the definition of workers [for whom an employer has safety responsibilities] includes sub-contractors.

For company x, meeting that responsibility would surely go so far as vetting SWMS [as Peter says, in consultation with those who will actually be doing it, i.e. the workers, i.e. the sub-contractors], assuming it is high risk work, and perhaps also at least some periodic checking to make sure the worker/sub-contractor is doing what they said they would do.  

The real question is how far does a principal contractor have to go to have met the 'reasonably practicable' test in terms of sub-contractors.

Permalink Reply by Marija Lemic on February 17, 2011 at 18:53
good points
Permalink Reply by Marija Lemic on February 17, 2011 at 18:51

Hi, my advice is just a bit of common sense; to just ask for a copy of their SWMS, that is the Sub Contractor you hire, and if they hire another person to do the job, well then I believe that is their responsibility, for you are paying the sub contractor not the sub sub contractor.

 

Hope that helps.

 

M

Permalink Reply by IMAC Safety on March 21, 2011 at 8:52

Yes, some good points to consider and it may simply come down to who has "what" control over the workplace or activities?

 

A bit like the checker checking the checker or Lois saying to Superman "but who 's got you?"

That won't help of course.

 

Cheers

Ianmac

Permalink Reply by Ben Armstrong on September 13, 2011 at 14:46

I would get the SWMS off the initial sub-contractor and make sure that all of his subbies have been inducted into it. Aswell as a site specific induction to follow. 

 

Permalink Reply by AlbertSmith on February 11, 2012 at 17:14

I am new to this forum community, I am very glad to join this community and I want to share my ideas and knowledge resources with the forum members as well as keen to increase my information bank also. Thanks.

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