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Construction (Design and Management) Regulations 1994 - Designer
Regulation 13 states:-
"1) Except where a design is prepared in-house, no employer shall
cause or permit any employee of his to prepare, and no self-employed person
shall prepare, a design in respect of any project unless he has taken
reasonable steps to ensure that the client for that project is aware of
the duties to which the Client is subject by virtue of these Regulations
and of any practical guidance issued from time to time by the Commission
with respect to the requirements of these regulations.
2) Every designer shall:-
a) ensure that any design he prepares and which he is aware will be used
for the purposes of construction work includes among the design considerations
adequate regard to the need:-
i) to avoid foreseeable risks to the health and safety of any person at work carrying out construction work or cleaning work in or on the structure at any time, or of any person who may be affected by the work of such a person at work.
ii) to combat at source risks to the health and safety of any person at work carrying out construction work or cleaning work in or on the structure at any time, or of any person who may be affected by the work of such a person at work, and
iii) to give priority to measures which will protect all persons at work who may carry out construction work or cleaning work at any time and all persons who may be affected by the work of such persons at work over measures which only protect each person carrying out such work;
b) ensure that the
design includes adequate information about any aspect of the project or
structure or materials (including articles or substances) which might
affect the health or safety of any person at work carrying out construction
work or cleaning work in or on the structure at any time, or of any person
who may be affected by the work of such a person at work, and
c) co-operate with the planning supervisor and with any other designer
who is preparing any design in connection with the same project or structure
so far as is necessary to enable each of them to comply with the requirements
and prohibitions placed on him in relation to the project by or under
the relevant statutory provisions.
3) Sub-paragraphs (a) and (b) of paragraph (2) shall require the design
to include such matters referred to therein to the extent that it is reasonable
to expect the designer to address them at the time the design is prepared
and to the extent that it is otherwise reasonably practicable to do so."
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