In August 2020, a subcontractor working for a Launceston-based painting and decorating company tragically died one month after falling from a scaffold approximately three metres high. As a result, the incident led to five charges under Workplace Health and Safety (WHS) legislation.
Furthermore, investigations revealed that the worker had not received scaffold training, and the company had failed to prepare or provide a Safe Work Method Statement (SWMS) to employees. When authorities requested the document, the company could not produce it, and investigators confirmed that no evidence existed to show the SWMS had ever been reviewed in line with WHS requirements.
What Is a SWMS and Why Does It Matter?
A Safe Work Method Statement (SWMS) is a legally required document for high-risk construction work. It outlines:
- Specific high-risk activities
- Associated hazards
- Control measures to manage or eliminate risks
SWMS documents must be current, accessible, and communicated clearly to all relevant personnel—including employees, contractors, and volunteers—to ensure safety and legal compliance.
For official guidance, visit Safe Work Australia (safeworkaustralia.gov.au in Bing).
Shared Responsibility and Legal Consequences
The painting company was subcontracted by another business, which also faces charges for failing to obtain a copy of the SWMS before work commenced. As a consequence, the ongoing court proceedings have had serious repercussions for both companies, their employees, and the families affected. Most recently, the court adjourned the case until October 11.
Key Takeaway for Employers
This incident serves as a sobering reminder:
Neglecting basic safety documentation can lead to irreversible consequences.
Producing and maintaining a SWMS isn’t just about ticking a compliance box—it’s about ensuring your team is trained, informed, and safe. Failure to do so can result in:
- Legal action and financial penalties
- Damage to workplace culture and reputation
- Emotional and financial strain on employees and families
How Assurance HR Can Support Your Business
If you’re unsure whether your WHS practices meet current standards—or if your SWMS documentation needs review—our specialists are here to help. We offer:
- WHS audits and compliance reviews
- SWMS development and implementation support
- Guidance on training, supervision, and documentation best practices
📞 Call Assurance HR Management today on 1800 577 515 for expert support tailored to your business. Don’t let a missing document become a costly mistake—protect your people and your business.
