Regulation 8 – General Duties for the Principal Designer
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)
Regulation 11 – Principal Designer Duties
The Principal Designer must plan, manage and monitor the pre-construction phase and coordinate matters relating to health and safety during the pre-construction phase to ensure that, so far as is reasonably practicable, the project is carried out without risks to health or safety.
In fulfilling the duties in paragraph (1), and in particular when –
a. Design, technical and organisational aspects are being decided in order to plan the various items or stages of work which are to take place simultaneously or in succession; and
b. Estimating the period of time required to complete such work or work stages,
The principal designer must take into account the general principles of prevention and, where relevant, the content of any construction phase plan and any health and safety file
In fulfilling the duties in paragraph (1), the principal designer must identify and eliminate or control, so far as is reasonable 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
In fulfilling the duties in paragraph (1), the principal designer must ensure all designers comply with their duties in regulation 9
In fulfilling the duty to coordinate health and safety matters in paragraph (1), the principal designer must ensure that all persons working in relation to the pre-construction phase cooperate with the client, the principal designer and each other.
The principal designer must –
a. Assist the client in the provision of the pre-construction information required by regulation 4(4); and
b. So far as it is within the principal designers control, provide pre construction information, promptly and in a convenient form, to every designer and contractor appointed, or being considered for appointment, to the project.
The Principal designer must liaise with the principal contractor for the duration of the principal designers appointment and share with the principal contractor information relevant to the planning, management and monitoring of the construction phase and the coordination of health and safety matters during the construction phase
Regulation 12 – Principal Designer Duties for the Construction Phase Plan and Health and Safety File
The principal designer must assist the principal contractor in preparing the construction phase plan by providing to the principal contractor all information the principal designer holds that is relevant to the construction phase plan including –
a. Pre-construction information obtained from the client
b. Any information obtained from designers under regulation 9(3)(b)
During the pre-construction phase, the principal designer must prepare a health and safety file appropriate to the characteristics of the project which must contain information relating to the project which is likely to be needed during any subsequent project to ensure the health and safety of any person.
The Principal Designer must ensure that the health and safety file is appropriately reviewed, updated and revised from time to time to take account of the work and any changes that have occurred
If the principal designers appointment concludes before the end of the project, the principal designer must pass the health and safety file to the principal contractor
At the end of the project, the principal designer, or where there is no principal designer the principal contractor, must pass the health and safety file to the client
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