CDM: Designers Unaware of their Duties

Results of the HSE designer initiative have revealed that many designers are unaware of their duties under Regulation 13 of the Construction (Design and Management) Regulations 1994 (CDM).

In about one third of cases the designers demonstrated little or no understanding of their responsibilities. A significant number had failed to consider the practical detail of how the structure they had designed could be safely constructed, maintained and cleaned.

Not only did designers not appreciate their duties under CDM, many also had very little knowledge of other legislation, particularly the Construction (Health, Safety and Welfare) Regulations 1996 (CHSW) which applies to the contractors who have to construct the buildings. Consequently contractors were struggling to control risks which could easily have been eliminated or considerably reduced by good design.

Only one third of the designers seen during the initiative were considered by inspectors to have sufficient knowledge of CDM to allow them to adequately fulfill their duties as a designer. A mere 8% of the designers seen had received any training on CDM, and for many, this initiative was the first occasion when they had been asked to justify their design decisions in the context of Regulation 13 of CDM.

The designer initiative involved the HSE’s construction inspectors in Scotland and the North of England meeting designers and planning supervisors on site in a bid to reduce the number of accidents in the construction industry involving falls from height. Falls from height continue to be the most significant cause of fatal accidents on construction sites in the UK and designers have legal duties to avoid foreseeable risks to workers during construction, cleaning and maintenance of the finished structure.
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