'SWMS Under Scrutiny: Lessons from SafeWork NSW v Danrae Remedial Services' The recent decision in SafeWork NSW v Danrae Remedial Services Pty Ltd [2025] NSWDC 70 offers insights into a PCBUs duty to ensure, SFARP, health and safety, particularly around SWMS. In my view, the decision underscores the need to move beyond generic approaches and embrace tailored, bespoke SWMS applications to effectively mitigate both safety and legal risks. While a generic SWMS might seem convenient, the decision highlights that optimal safety outcomes with the collateral benefit of reduced legal risk arise from SWMS specifically designed for the task at hand. It's not uncommon to see standardised SWMS provided during tendering or onboarding with a client, only to then be applied without substantive modification to the actual job. Similarly, I have seen scenarios arise where labour hire agencies are asked to provide SWMS to host employers for tasks performed under the host employer's control and supervision because 'that's what the onboarding system needs'. This reveals a fundamental misunderstanding of the legal obligations concerning SWMS preparation and often prioritises form over substance. Simply, PCBUs that treat SWMS as generic procedures (in the absence of anything else) are likely to face heightened scrutiny, as courts tend to view such documents / processes unfavourably. The decision also touches on what is considered an adequate risk assessment. This necessitates a comprehensive consideration of all relevant materials (in this case, a SDS and other pertinent guidance) to identify and evaluate potential hazards connected with key (high consequence) risks. Rather than generic control statements like "refer to SDS" or "use pos comms," effective SWMS' should articulate key risks and specific, identifiable controls. A well-written SWMS, even if concise, is more effective if it facilitates the proper management and informed understanding of high consequence WHS risk. Furthermore, the decision clarifies that a control measure requiring workers to conduct their own risk assessments is only effective if actively enforced and demonstrably suitable for the task at hand (consider the ‘real’ effectiveness of a "Take 5" for e.g.). In this case, an electronic app’s failure to adequately prompt workers regarding potential risks as an example of inadequate risk assessment, highlighting the need for fit for purpose assessment criteria. Finally, the decision touches on the relationship between written procedures and effective training. Scotting J suggested that the absence of a written safe work procedure equated to inadequate training. Considering my recent posts, this is a subject near and dear to me. Whilst it's arguable that effective training doesn't always necessitate a written document, the critical point remains that training must equip workers with the demonstrable knowledge and skills needed to perform tasks safely and in accordance with their SWMS.
Site-Specific Risk Assessments
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Summary
Site-specific risk assessments are a focused process of identifying and evaluating hazards unique to a particular location, task, or project, allowing teams to put tailored safety measures in place. This approach goes beyond generic checklists to address real risks that workers might encounter in their specific environment.
- Tailor your approach: Design each risk assessment to match the actual conditions and hazards of the site or project, rather than relying on one-size-fits-all templates.
- Document and train: Record the steps, controls, and responsibilities for each risk, and ensure everyone on the team understands their role through clear written procedures and practical instruction.
- Review and update: Regularly revisit your site-specific risk assessments, especially when new hazards arise or work conditions change, to keep safety measures current and relevant.
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⚠️ What is Risk Assessment? ⚠️ Risk Assessment is the process of identifying hazards, evaluating the risks, and taking appropriate actions to minimize or eliminate potential harm to people, assets, or operations. It helps answer: What could go wrong? 🔥💥⚡ How likely is it to happen? 📊 What would be the impact? 🚑🏢 What controls are in place or needed? 🛡️ 🛠️ Steps to Create a Risk Assessment 🧩 Step 1: Identify Hazards 🔌 Electrical faults 🔥 Fire sources (kitchens, flammable storage) 🧱 Falling objects (scaffoldings, ceiling tiles) 🚿 Water leaks/slips 🦺 Unsafe work practices by staff or contractors 📋 Step 2: Determine Who Might Be Harmed 👷♂️ Staff & Technicians 🧑💼 Tenants or Visitors 🚚 Contractors or Vendors 📉 Step 3: Evaluate the Risks Assess the likelihood and severity: Likelihood (Low/Medium/High) Severity (Minor/Moderate/Major) Use a Risk Matrix to prioritize actions. 🛡️ Step 4: Control Measures Apply the hierarchy of control: 🚫 Eliminate hazard (e.g., remove faulty equipment) 🔁 Substitute with safer alternative 🔐 Engineering controls (guards, barriers) 📋 Admin controls (SOPs, signage) 🦺 PPE (helmets, gloves, goggles) 📝 Step 5: Record & Review Document all risks, controls, and responsibilities Review regularly or when: New equipment is installed A workplace incident occurs Layout or operations change 🏗️ How to Implement Risk Assessment On-Site (As an FM) ✅ 1. Conduct Site Walkthroughs Regular inspections to spot new hazards Involve technical team and safety officer ✅ 2. Create a Risk Register Maintain a centralized record of all risks, controls, and status Use Excel, CAFM, or safety management software ✅ 3. Assign Responsibility Clearly state who is responsible for managing each risk Train technicians & contractors on safety protocols ✅ 4. Share the Assessment Conduct toolbox talks and induction trainings Place safety signage and instructions on-site ✅ 5. Monitor & Audit Review controls are working (alarms, extinguishers, emergency exits) Conduct mock drills (fire, electrical fault, gas leak) ✅ 6. Comply with Standards Follow OSHA, ISO 45001, local civil defense, and insurance guidelines 📌 Summary: Why Risk Assessment Matters Benefit & Impact 🧠 Proactive safety culture - Prevents accidents before they happen 📋 Legal & insurance compliance - Meets statutory and policy requirements 📉 Reduced downtime - Avoids equipment damage and business loss 🛠️ Efficient operations - Staff work confidently and safely
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Excavation and trenching are high-risk activities that require thorough planning and continuous monitoring. Here are key safety measures every team should implement to ensure a safe excavation environment: Risk Assessment & Job Safety Analysis (JSA): Conduct a detailed risk assessment and JSA before beginning any excavation work. This helps identify potential hazards, outlines control measures, and ensures all team members understand the risks involved. Soil and Hazard Assessment: Understand the soil type, moisture, and other site conditions. Knowing these factors in advance guides the selection of protective systems to prevent cave-ins. Protective Systems: Use appropriate shoring, sloping, or shielding to protect workers from trench collapse. Choose the system based on the excavation depth, soil type, and environmental conditions. Personal Protective Equipment (PPE): Equip all workers with essential PPE—helmets, gloves, high-visibility vests, steel-toed boots, and respiratory protection when needed. PPE is critical in minimizing exposure to hazards. Safe Distance from Suspended Loads: Ensure that no personnel are positioned under or near suspended loads, as these can shift or fall unexpectedly, leading to serious injuries. Working Near Excavations and Cranes: Establish clear communication and maintain safe distances when cranes are operating near excavation sites. Both operators and workers should be aware of each other’s activities. Atmospheric Testing: Regularly check for toxic gases and oxygen levels in trenches, especially in confined areas, to prevent respiratory risks. Access and Egress: Provide secure access and exit points , ensuring safe and quick egress in case of an emergency. Continuous Monitoring and Supervision: Conditions on excavation sites can change rapidly. A designated safety supervisor should be present to reassess hazards and ensure compliance with safety protocols. Excavation safety starts with proactive planning and team awareness. Let’s make these practices standard to protect lives and promote a culture of safety on every project. #ExcavationSafety #TrenchSafety #JobSafetyAnalysis #RiskAssessment #ConstructionSafety #PPE #SafetyFirst #ConstructionHSE