A designer must not commence work in relation to a project unless satisfied that the client is aware of the duties owed by the client under these regulations
When preparing or modifying a design the designer must take into account the general principles of prevention and any pre construction information to eliminate, so far as is reasonably practicable, foreseeable risks to the health or safety of any person –
a. Carrying out or liable to be affected by construction work;
b. Maintaining or cleaning a structure; or
c. Using a structure designed as a workplace
If it is not possible to eliminate these risks, the designer must, so far as is reasonably practicable –
a. Take steps to reduce or, if that is not possible, control the risks through the subsequent design process
b. Provide information about those risks to the principal designer; and
c. Ensure appropriate information is included in the health and safety file
A designer must take all reasonable steps to provide, with the design, sufficient information about the design, construction or maintenance of the structure, to adequately assist the client, other designers and contractors to comply with their duties under these regulations.
Regulation 8 – General Duties for Designers
A designer (including a principal Designer) or contractor (including a principal contractor) appointed to work on a project must have the skills, knowledge and experience, and, if they are an organisation, the organisational capability, necessary to fulfil the role that they are appointed to undertake, in a manner that secures the health and safety of any person affected by the project.
A designer or contractor must not accept an appointment to a project unless they fulfil the conditions in paragraph (1)
A person who is responsible for appointing a designer or contractor to carry out work on a project must take reasonable steps to satisfy themselves that the designer or contractor fulfils the condition in paragraph (2)
A person with a duty or function under these Regulations must cooperate with any other person working on or in relation to a project, at the same or an adjoining construction site, to the extent necessary to enable any person with a duty or function to fulfil that duty or function
A person working on a project under the control of another must report to that person anything they are aware of in relation to the project which is likely to endanger their own health or safety or that of others
Any person who is required by these regulations to provide information or instruction must ensure the information or instruction is comprehensible and provided as soon as is practicable
To the extent that they are applicable to a domestic client the duties in paragraphs (3), (4) and (6) must be carried out by the person specified in regulation 7(1). (see Domestic Client link)
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