Designers Duties under CDM 2007
Designers'' earliest decisions fundamentally affect the health and safety of construction work. These decisions influence later design choices, and considerable work may be required if it is necessary to unravel earlier decisions. It is therefore vital to address health and safety from the very start.
Designers duties / responsibilities extend beyond the construction phase of a project. You also need to consider the health and safety of those who will maintain, repair, clean, refurbish and eventually remove or demolish all or part of a structure as well as the health and safety of users of workplaces.
Failure to address these issues adequately at the design stage will usually increase running costs, because clients will then be faced with more costly solutions when repairs and maintenance become necessary.
Where significant risks remain when you have done what you can, as designers you should provide information with the design to ensure that the CDM co-ordinator, other designers and contractors are aware of these risks and can take account of them.
As designers you also have designer duties under other legislation, including those parts of the Management of Health and Safety at Work Regulations 1999 which require risk assessment. Compliance with regulation 11 of CDM 2007 will usually be sufficient for designers to achieve compliance with regulations 3(1), (2) and (6) of the Management Regulations as they relate to the design of the structure.
Summary of Designers Duties under CDM 2007
All construction projects
Additional duties for notifiable
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Who are Designers under CDM 2007?
Designers are those who have a trade or a business which involves them in:
(a) preparing designs for construction work, including variations. This includes preparing drawings, design details, specifications, bills of quantities and the specification (or prohibition) of articles and substances, as well as all the related analysis, calculations, and preparatory work; or
(b) arranging for their employees or other people under their control to prepare designs relating to a structure or part of a structure. It does not matter whether the design is recorded (for example on paper or a computer) or not (for example it is only communicated orally).
What designers should do for all projects
(a) make sure that they are competent and adequately resourced to address the health and safety issues likely to be involved in the design;
(b) check that clients are aware of their duties;
(c) When carrying out design work, avoid foreseeable risks to those involved in the construction and future use of the structure, and in doing so, you should eliminate hazards (so far as is reasonably practicable, taking account of other design considerations) and reduce risk associated with those hazards which remain;
(d) provide adequate information about any significant risks associated with the design;
(e) co-ordinate their work with that of others in order to improve the way in which risks are managed and controlled.
In carrying out these duties, designers need to consider the hazards and risks to those who:
(a) carry out construction work including demolition;
(b) clean any window or transparent or translucent wall, ceiling or roof in or on a structure or maintain the permanent fixtures and fittings;
(c) use a structure designed as a place of work;
(d) may be affected by such work, for example customers or the general public.
When do designers duties apply under CDM 2007?
The designers duties apply whenever designs are prepared which may be used in construction work in Great Britain. This includes concept design, competitions, bids for grants, modifications of existing designs and relevant work carried out as part of feasibility studies. It does not matter whether or not planning permission or funds have been secured; the project is notifiable or high-risk; or the client is a domestic client.
What designers don''t have to do to comply with designers duties - CDM 2007
Under CDM 2007, designers in complying with their designers duties don''t have to:
(a) take into account or provide information about unforeseeable hazards and risks;
(b) design for possible future uses of structures that cannot reasonably be anticipated from their design brief;
(c) specify construction methods, except where the design assumes or requires a particular construction or erection sequence, or where a competent contractor might need such information;
(d) exercise any health and safety management function over contractors or others; or
(e) worry about trivial risks.