Designers Role
A Designers principal Duties under the regulations
The following are the designers duties under the regulations and will apply to all design work that may be used in construction. Regulation clause numbers are added for reference
11(1) No designer shall commence work in relation to a project unless any client for the project is aware of his duties under the regulations
11(2) The duties in paragraphs (3) and (4) below shall be performed so far as is reasonably practicable, taking due account of other design considerations
11(3) Every designer shall in preparing or modifying a design which may be used in construction work in Great Britain avoid foreseeable risks to the health and safety of any person-
(a) carrying out construction work
(b) liable to be affected by such construction work
(c) cleaning any window or any transparent or translucent wall, ceiling or roof in or on a structure
(d) maintaining the permanent fixtures and fittings of a structure; or
(e) using a structure designed as a workplace
11(4) In discharging the duty in paragraph 11(3), the designer shall –
(a) eliminate hazards which may give rise to risks; and
(b) reduce risks from any remaining hazards
11(5) In designing any structure for use as a workplace the designer shall take account of the provisions of the Workplace (Health, Safety and Welfare) Regulations 1992 which relate to the design of and materials used in the structure.
11(6) The designer shall take all reasonable steps to provide with his design sufficient information about aspects of the design of the structure or its construction or maintenance as will adequately assist clients, other designers and contractors to comply with their duties under these regulations
Additional duties where a project is notifiable.
A project is notifiable if the construction phase is likely to involve more than 30 days or 500 person days of construction work. Notification will be made to HSE by the CDM Coordinator
18(1) Where a project is notifiable, no designer shall commence work (other than initial design work) in relation to the project unless a CDM co-ordinator has been appointed for the project.
18(2) The designer shall take all reasonable steps to provide with his design sufficient information about aspects of the design or structure or its construction or maintenance as will adequately assist the CDM co-ordinator to comply with his duties under these Regulations, including his duties in relation to the health and safety file.