| Construction
(Design and Management) Regulations 1994 - Designer
One of the main impacts of the regulations has been to oblige designers to consider the heath and safety implications of their designs, during construction, maintenance and ultimate demolition. The intention is to design out hazards at source whenever possible, to minimise the risk where it cannot be eliminated and to alert those affected to any remaining hazards in the design. For example, there may be a choice between a water-based paint and one using a toxic solvent. If the water-based paint will do the job, it should be specified. If only the toxic paint will do, perhaps because of the operating conditions after commissioning, then it can be used but the Contractor and the maintenance staff must be made aware of the hazard. If the paint cannot be applied safely, then it shouldn't be used at all. The designer should schedule any hazards which have not been designed out, and carry out a risk assessment of hazards he can envisage arising from his design. This analysis is recorded on a 'Residual Hazards Analysis' sheet, which will form part of the Pre-Contract Health and Safety Plan. This is made available to the tenderers. If further designs are carried out, or other designers contribute to the scheme, the implications of these designs must be considered, by co-operation between designers if necessary, and made available to the Principal Contractor and Planning Supervisor. The designer is also obliged to draw the Client's attention to his obligations under the regulations, and the existence of the Approved Code of Practice. These requirements are detailed in Regulation 13.
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We are engineers who implement the regulations, not lawyers, and this section covers the areas of legislation with which we are routinely involved. The information in this site is a general overview of the legislation and may well be affected by the particular circumstances of your case. |