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Photograph - Sewer works, Leamington Spa

Health and Safety

Health and Safety responsibilities

Morton-Roberts have responsibilities under the Health and Safety at Work etc Act, 1974 and subsequent regulations with regards to our employees, the public and others. These regulations include the Construction (Design and Management) Regulations, 2015 where we often have the role of designer or principal designer.

CDM Regulations, 2015

If there is only a single designer involved in a project then under the regulations they are deemed to be the principal designer. The client should also appoint a principal designer where more than one designer or contractor is involved in the project.

It should be noted that the details of the roles outlined below are not intended to be exhaustive and are in addition to the general duties set out in the regulations.

Role as Designer

As a designer under the 2015 Regulations briefly we have the following roles and responsibilities:

•  Not to commence work on a project until satisfied that the client is aware of their duties under the CDM Regulations.
•  Prepare and modify designs so as to eliminate as far as reasonably practicable health and safety risks. This is in respect to construction and maintenance staff, those liable to be affected by the construction work and those using the completed works as a workplace.
•  Where it is not possible to eliminate the health and safety risk, reduce and control the risks through design.
•  Provide information to others as to the residual health and safety risks.
•  Ensure appropriate information is included in the health and safety file (where appropriate).
•  Provide sufficient information with the design (regarding the design, construction and maintenance) to allow others to comply with their obligations under the CDM Regulations.
•  Cooperate and coordinate with others.

Role as Principal Designer

As principal designer, under the regulations we have the following additional roles and responsibilities:

The overall duty of the principal designer is to plan, manage, monitor and coordinate the pre-construction phase to ensure the project is carried out, as far as reasonably practicable, without health and safety risks.

In fulfilling this overall duty the principal designer should:

•  Take into account the principles of risk prevention and the contents of the health and safety file when the design, technical, organisational and programme aspects of the project are being decided.
•  Identify and eliminate or control as far as reasonably practicable health and safety risks. This is in respect to construction and maintenance staff, those liable to be affected by the construction work and those using the completed works as a workplace.
•  Ensure that all designers comply with their duties.
•  When coordinating health and safety matters during the pre-construction phase, ensure that all persons cooperate with the client, principal designer and each other.
•  Assist the client in the provision of pre-construction information and ensure that this is provided to the designers and the principal contractor in a timely manner.
•  Liaise with the principal contractor for the duration of our appointment.
•  Prepare the health and safety file where there is more than one contractor.

Domestic clients

The principal designer's duties remain when working for a domestic client but the duties of the client can in some circumstances be transferred to the principal designer.

Practical details

As recommended by the HSE, we prefer to provide the information about residual risks required by the CDM Regulations via prominent notes on the construction drawings. This ensures that the site personnel receive the information they need.

























Photograph: Sewer Works, Dormer Place, Leamington Spa.